HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-108 Agmt btw BSO, the COT and Clairmont Neighborhood Association for Traffic Control and EnforcementTemp. Reso. #13793
September 14, 2022
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2022 - 1 O'3
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENTWITH
CLAIRMONT NEIGHBORHOOD ASSOCIATION,
INC. FOR THE CITY THROUGH BROWARD
COUNTY SHERIFF'S OFFICE TO EXERCISE
JURISDICTIONAL AUTHORITY FOR TRAFFIC
CONTROL AND ENFORCEMENT WITHIN THE
PROPERTY OF THE CLAIRMONT
NEIGHBORHOOD ASSOCIATION, INC.;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac through the Broward 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 Clairmont 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 Clairmont 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. #13793
September 14, 2022
Page 2 of 3
WHEREAS, by State Statute 316.006(2)b 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 VII Chief recommend that the City Commission execute an
agreement with the Clairmont 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
Clairmont Neighborhood Association, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, 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. All exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: The appropriate City Officials are hereby authorized to
execute an agreement (attached hereto as "Exhibit A") with the Clairmont
Neighborhood Association, Inc. for the City of Tamarac through the Broward
County Sheriff's Office to exercise jurisdiction for traffic control and enforcement
Temp. Reso. #13793
September 14, 2022
Page 3 of 3
purposes over any private and limited access road(s) owned or controlled by
Clairmont Neighborhood Association, Inc.
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 I Yt` day of gefl e)AAi�eL--
2022.
ATTEST:
A
KiMBE, L.Y DILLON, CMC
CITY CLERK
YJ�4 g6 MICELE J. G HLEZ
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: V/M GELIN
DIST 3: COMM. VILLALOBOS �l S S�
DIST 4: COMM. PLACKO �E�
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THE CITY OF TAMARAC ONLY.
ref
N R. HERIN,`
CITY ATTORNEY
Exhibit A
TAMARAC
The City For Your Life
AGREEMENT BETWEEN THE CITY OF TAMARAC,
SHERIFF OF BROWARD COUNTY, AND
CLAIRMONT NEIGHBORHOOD ASSOCIATION, INC.
FOR TRAFFIC CONTROL AND ENFORCEMENT
This Agreement made and entered into in Broward County, Florida, this
Wednesday of September 14, 2022 by and between the City of Tamarac, a municipal
corporation organized 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), Gregory Tony as the Sheriff of Broward County, Florida
(hereinafter referred to as SHERIFF), and the Clairmont 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
Clairmont Neighborhood Association, Inc. is attached hereto as Exhibit "1".
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 to the
enforcement of Tamarac Code Chapter 14, Article II, Section 14-26(a) and State Statute
316.2065(3)(d)(e), over any private or limited access road or roads owned or maintained
by 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 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. 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 or roads within the property described in attached
Exhibit "1 ".
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 "1" attached hereto, for traffic control and enforcement
purposes.
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 "I".
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 judgements 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 the 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 Sheriff's Office, a copy of which
is attached as Exhibit "2".
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 the 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.
City Manager of the City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321
With a copy of the City Attorney at the same address
SHERIFF:
Sheriff of Broward County, Florida
2601 West Broward Boulevard
Fort Lauderdale, Florida 33310
•1►
Clairmont Neighborhood Association, Inc.
10720 West Clairmont Circle
Tamarac, Florida 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 Wednesday of September
14, 2022.
ATTEST:
Ki berly Dillon,- MC
ity Clerk
Date
(SEAL)
CITY OF TAMARAC, FLORIDA
i
Mich le J. Gomez, May
r--
Kt\ileen Gurfn, City Manager N
\1/22
Date
p e to form and legal sufficiency:
n ttinot, City Attorney
l� yz -).- z-
Date
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
SHERIFF Of BROWARD COUNTY
BY:
Gregory
Date:
WITNESS:
BY: ' v
0
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY� ) I
DEPARTMVNT OF LEGAL AFFAIRS
DATE: 1 Z 3
OWNER:
CLAIRMONT NEIGHBORHOOD
ASSOCIATION INC.
BY: � --mi CQ.�
Gail Mazer, President
Date: 3� `�
WITNESS:
BY:
i
BY: '
ATTEST:
BY: `--
CO PORAT SECRETARY
PRINT NAME: 1 1.V�=�L�l!
DATE: od .�& )lq,-
(Corporate S
EXHIBIT 1
BSO will exercise jurisdiction for traffic control and enforcement purposes over any private or limited
access road or roads within the property owned by Clairmont Neighborhood Association, including, but
not limited to, the ones legally described below. A map showing the boundaries of the Clairmont
Community is shown on Figure 1.
CLAIRMONT NEIGHBORHOOD LEGAL DESCRIPTION
CLAIRMONT 129-2 B PARCEL C (PRIVATE INGRESS & EGRESS)
CLAIRMONT 1ST ADDITION 131-38 B PARCEL C, LESS CLAIRMONT — F, G, H, I, J ,K ,L ,M,N &
O CONDOS
SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY FLORIDA AND CONTAIN
29.110 ACRES, MORE OR LESS.
Figure 1
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