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Home My WebLink AboutCity of Tamarac Resolution R-2004-053Temp. Reso. #10372 March 11, 2004 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- 53 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH WELDON NEIGHBORHOOD ASSOCIATION, INC. FOR THE CITY OF TAMARAC THROUGH THE BROWARD COUNTY SHERIFF'S OFFICE TO EXERCISE JURISDICTIONAL AUTHORITY FOR TRAFFIC CONTROL AND ENFORCEMENT WITHIN THE PROPERTY OF THE WELDON NEIGHBORHOOD ASSOCIATION, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac, through the Broward County Sheriff's Office, has the authority to patrol on private property to enforce all the laws of the State of Florida, Broward County and the City of Tamarac other than for traffic control and enforcement purposes; and WHEREAS, the roadways in the Weldon Neighborhood Association, Inc. are privately owned and the City of Tamarac through the Broward County Sheriff's Office does not have jurisdiction to provide traffic control and enforcement to this area; and WHEREAS, the Weldon Neighborhood Association, Inc. has requested that the City of Tamarac through the Broward County Sheriff's Office be authorized to provide traffic control and enforcement within the Association's private roadways; and Temp. Reso. #10372 March 11, 2004 Page 2 of 3 WHEREAS, by State Statute 316.006(2)b a written agreement is required for a municipality to exercise jurisdiction, for traffic control and enforcement purposes, over the private and limited access road(s) owned or controlled by the owner; and WHEREAS, the Assistant to the City Manager and Broward County Sheriff's Office District VI Chief recommend that the City Commission execute an agreement with Weldon Neighborhood Association, Inc. for traffic control and enforcement purposes; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to provide traffic control and enforcement within the private roadways owned by Weldon Neighborhood Association, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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. SECTION 2: The appropriate City Officials are hereby authorized to execute an agreement (attached hereto as Exhibit 1 ") with the Weldor - Neighborhood Association, Inc. for the City of Tamarac through the Broward County Sheriff's Office to exercise jurisdiction for traffic control and enforcement purposes over any private and limited access road(s) owned or controlled by Weldon Neighborhood Association, Inc. Temp. Reso. #10372 March 11, 2004 Page 3 of 3 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 24th day of March, 2004. ATTEST: 4 MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. K FT CITY ATTORNEY .+ CC J E SCHREIBER, MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABI DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS AGREEMENT BETWEEN THE CITY OF TAMARAC, SHERIFF OF BROWARD COUNTY, AND THE WELDON NEIGHBORHOOD ASSOCIATION, INC. FOR TRAFFIC CONTROL AND ENFORCEMENT THIS AGREEMENT made and entered into in Broward County, Florida, this day of ycA- ;LOD0t3—by and between the City of Tamarac, a municipal corporation orga ized and existing under the laws of the State of Florida, which is a municipality located within the boundaries of Broward County, Florida (hereinafter referred to as CITY), Kenneth C. Jenne, II as the Sheriff of Broward County, Florida (hereinafter referred to as SHERIFF) and the Weldon Neighborhood Association, Inc., a not for profit Florida corporation located in the City of Tamarac (hereinafter referred to as OWNER). A legal description of the common areas owned by the Weldon Neighborhood Association, Inc. is attached hereto as Exhibit "A". WHEREAS, the CITY, through its existing Agreement for Police Services with the Sheriff of Broward County, Florida, 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 state, county and city, duly enacted, excluding those of traffic control and enforcement; and WHEREAS, the OWNER, specifically recognizes the above; and WHEREAS, the OWNER wishes to have the CITY, and SHERIFF exercise jurisdiction for traffic control and enforcement purposes, including but not limited the enforcement of Tamarac Code Chapter 14, Article II, Sec. 14-26(a) and State Statute 316.2065(3)(d)(e), over any private or limited access road or roads owned or maintained by the OWNER, which is described in attached Exhibit "A", pursuant to Florida Statute 316.006(2)(b); WITNESSETH: NOW, THEREFORE, for and in consideration of the mutual convenants 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. That the foregoing preamble is hereby ratified and confirmed as true and correct. 2. That OWNER hereby represents that OWNER owns or controls the private and limited access road(s) within the property described in attached Exhibit "A". 3. That the OWNER hereby recognizes the jurisdiction of the CITY and SHERIFF over any private or limited access road or roads within the property described on Exhibit "A" attached hereto, for traffic control and enforcement purposes. Page 1 of 4 4. That the CITY and. SHERIFF hereby agree to exercise jurisdiction for traffic control and enforcement purposes over any private or limited access road or roads within the property described in attached Exhibit "A". 5. That the OWNER agrees, at its own expense, to pay all costs necessary for signage and markings as prescribed by the appropriate local governmental authority, as necessary for traffic control and enforcement purposes. 6. That the OWNER agrees to hold harmless, indemnify and defend the CITY, SHERIFF and their employees, agents, servants and representatives, from any and all suits, claims or judgments of any kind arising solely and as a direct result of CITY and/or SHERIFF exercising jurisdiction for traffic control and enforcement purposes over any private or limited access road or roads, as provided in this Agreement, or arising from the acts or omission of OWNER, its employees, agents, servants, or representatives. 7. That the OWNER agrees to name the CITY and SHERIFF as an additional insured under its general liability policy as to the traffic enforcement activities of the employees and agents of the Broward Sheriffs Office, a copy of which is attached as Exhibit "B". 8. That the OWNER, SHERIFF and the CITY agree that at this time, it is impracticable to determine any other costs except for those above stated for traffic control and enforcement purposes. However, if additional costs for traffic control and enforcement purposes, as provided in this Agreement, are determined, the OWNER agrees to pay same. 9. That although the OWNER recognizes that authority of the CITY and SHERIFF to patrol on private property to enforce all of the laws of the state, county and city upon the OWNER's property other than for traffic control and enforcement purposes, same is done pursuant to law and not through this or any other Agreement. 10. 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. 11. Notices shall be deemed given when sent by the United States Mail, Certified, with a return receipt requested, to the respective party at the following addresses or such addresses as may be provided from time to time in accordance with the procedures set forth herein: City Manager of the City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321 With a copy to the City Attorney at the same address Page 2 of 4 Sheriff of Broward County, Florida 2601 West Broward Boulevard Fort Lauderdale, Florida 33310 Weldon Neighborhood Association, Inc. 9571 Weldon Circle Tamarac, FL 33321 The parties acknowledge that police services are provided by SHERIFF throughout the City of Tamarac pursuant to a separate agreement between CITY and SHERIFF, and said Agreement governs CITY and SHERIFF. The parties also acknowledge and agree that the provisions of this Agreement for Traffic Control and Enforcement are not a waiver by CITY of the rights and remedies it has pursuant to the Agreement between CITY and SHERIFF for police services or a waiver of indemnification provided by SHERIFF in said Agreement. In WITNESS WHEREOF, the parties hereto have caused their respective agents to execute this instrument on their behalf, this stay of CITY OF TAMARAC, FLORIDA ATTEST: MARION SW NSON, CIVIC JOE SCHREIBER CITY CLERK MAYOR DATE: b a� (SEAL) / DATE: BY: J R L. MILLER CITY MANAGER DATE: 3�T.............._ MITCHELL S. KRA CITY ATTO NEY (j DATE. f 1` [SIGNATURES CONTINUED ON FOLLOWING PAGE] Page 3 of 4 V_ 1(LTNESSES: i G�• APPR V ED AS TO F R AND LEG' 5UFFIGiEN Y: BY. DEPARTMENT OF LEGAL AFFAIRS DATE: G ' / Y � WITNESSES ATTEST: BY: PGrKATE SECRETARY PRINT NAME: DATE: i i -- -z s---c, (Corporate Seal) KENNE C. JE NE, II SHERI F OF1,OWARD COUNTY BY- I NNETH)E. JENNE, II fill SHERIFF DATE: �- OWNER: Weldon Neighborhood Ass�Gi'qn, Inc, By: ✓ �/ f PRESIDENT DATE: //' r�� Page 4 of 4 i Aa►V ..�`4.I,f;F;,:,IFIV r,vn� Gh v!A . ••�•�,M crr i N 1V,U �wELDON-I 669 p, t Vr LIABILITY INSURANCE DATE (MMfl,OMtl'Yy PIiODUCPJt 12/04/03 Kornreich/NIA of Miami MLOL) T IS CERTIFICATE IS ISSUED A5 A MATTER 0)' iNFAUTiON 14750 Palmetto Frontage Road ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND Suite 120 OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Miami Lakes, FL 33010 INSURED INSURERS AFFC)RDIN4 COVERAGE NBC M Weldon Neighborhood Assn., Inc fNSURERA. Philadelphia Insurance Company 23$$0 C/o Consolidated Mgmt INSURERS: 10034 W. McNab Rd, INSURER C: T2mdrac, FL 33321 INNIURER D, COVERAGES "SUMR E' THE P�LCGS OF INSURANCE LISTED MOW HAVE BEEN ISSUED TO T FIE udSURED NAMED ABOVE FOR 7}ia POLICY pEpjOD INDIC FD. NOTWITHSTANDING ANY REQUIRENIEN , TERM OR CONDITION OF ANY CORTRAC' OR DTHER DCCUMENT WITH REaSPIZVr MAY PERTAIN, TO WICH THIS CERTIF'CATE MAYBE ISSUED OR THE INSURANCE AFFORDED gY THE POLICIES DWCRIBED HEREIN IS SUBJECT TO ALL THE TER%AS, F?(CLUSION3 AND CONDITIONS OF SUCH POLICIES. AGGRIIEGATE LIMITS SHOWN MAY HAVE QEEN RIDUCED BY FAIR CLAlhis, R TYPE t7F INSURANCE AOLICY NUMX-R P TIVE TE M Y p ICY EX TK1N A G:NERAL LIABLrnY PHPK05024 08/12/03 ATE M DDm LIMITS 0e/12Jo4 I;AeHxa.�RRE4cE X COAMERCIAL G6NCRAL LIABILITY CH k OUREN7BD 51 N () CLAIMS MADE � OOCUR • $100 1 I IVIEDi* (Any one pz[3pny 15000 PERSONAL 3 ADV INJURY 31 000 000 GON•L AQGRG(;ATC LIMIT APPLIES PER; GENERAL AadREGATE S 000 000 POLICY JECT 14C PRODUCTS.COMPlOpAGG s2 0 000 AUTOMOBILE LIABILM ANY AUTO COMBINED SINGLE LIMIT S { ALL OWNER AUTOS (EP waomnt) • SCHEVAEDAUTOS BODILYALIURY HIIIEDAUTOS fPerpCr5M) S 1 NUN-ONMED AUTOS (IM, CRY s GARAGE LIABILITY (PKPROPERTY �ANV,OC S ANYAUTD AUTO ONLY -EAAGOOENT S OTHCRTHAN EA ACC a EXClJBlUL1BRlI,LA UABLITY AUTO QKY, S AGG OCCUR CLAhNIS MAD[ ' EACM OCCUFRENw!E S AGGRE"Tr. DEDUCTIBLE $ i WORKERS COMP&MATIDNAND I S MNPLOYr;Rw uA Lny TA 01TH. AM' PROPRIETORIPARTNER/EXECUTIVE I.L.<AN; N ACCIDENT T DER EXCLUDED? S utes. d"CrO& vnderQ AL PROV 4S w E.L. DfaEASE EA eMP40YE S GF'e OYHER E.L. DISr�AAP - pOLICY LIMIT . DESCRIPTION or OPERATIONS! LOCATIONS! VEHIC!�/ BXCLUSIONB ADDED by ZNDORN*EMENT ISPECIAL PROVISIONS The City of Tamarac, FL, Kenneth C. Jenne 11 as Broward County Sheriff and Broward County Sheriff's Office are added as additional insureds an respects traffic enforcement actl7NitiOs; of the umployea$ and agents of the Broward Sheriffs office unless such liability arlses front the gross negligence or willful misconduct of an agent or employee of either the City or The Broward County Sheriff's office. The City of Tamarac, FL, Kenneth C. Jenne 11 as Broward County Sheriff & Droward Co, Sheriff's Office Tamarac, FL 33321 ACORD 25 (RgMI08) 1 of 2 #217739 SHOULD ANY OF THE ANCYR D96CRIBED POLICIES BE CANCr..LLED BEFORE THE EX� PI DATE THEREOF, THE ISSUING INSURER WILL UNDEAVOR TO MAIL II TO THH CERTInCATE HOLOCR NAME* TO THE L10'r, BUT FAILTGURE TO DO80 SHALL IMPOSE No OD61GAT104 OR LIA31UTY OF ANY KIND UPON THE INSURER, 173 AGENTS OR REPREr6NYATIVCe 10 ftrRESENTATIVE LSAO 41 ACORD CORPORATION 1999 q �IAa O •o FILET IIect5,,11051,1105lpo0.d0n �7�c pATEI 31-1A4'•9A 10.56 ;p z fl ��a A IT, 'Dm" r AY m �ra r- C7 � v V aas O• )6 00 r• 10.7 S=- r., rS -t.9 � Zr z N N .0 A 512.16'I° 49.11' 20. 0110 " EASE µt mLbr' � n �f ih b utt � M A m 2 cl 1• N o a a m ppy' REVISE 5 8 l OESC. PER NEW P.B. 6 P0. JP 9.26.94 E g6�µ A`rE eU .a. 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