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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-0231 Temp. Reso. #10337 January 27, 2004 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004-0-43 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CLAIRMONT 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 CLAIRMONT 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 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. #10337 January 27, 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 Sheriffs Office District VI Chief recommend that the City Commission execute an agreement with 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: 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 Clairmont Neighborhood Association, Inc. for the City of Tamarac through the Broward County Sheriffs Office to exercise jurisdiction for traffic control and enforcement purposes over any private and limited access road(s) owned or controlled by Clairmont Neighborhood Association, Inc. 1 11 Temp. Reso. #10337 January 27, 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 11 th day of February, 2004. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KkAF CITY ATTORNEY ,'1 E SCHREIBER, MAYOR i RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS 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 // day of��004 by and between the City of Tamarac, a municipal corporation organized and existing der 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, 11 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 "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 1I, 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. 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". Page 1 of 4 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: 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 SHERIFF: Sheriff of Broward County, Florida 2601 West Broward Boulevard Fort Lauderdale, Florida 33310 Page 2 of 4 rGIVA "! Clairmont Neighborhood Association, Inc. 10720 West Clairmont 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 /1- day of _ c bruczry 2004. CITY OF TAMARAC, FLORIDA ATTEST: 4C MARION SWENSON, CMC j' JOE SCHREIBER CITY CLERK MAYOR DATE: (SEAL) APPROV D FORM LEGAL iJ� ENC MITCI-EL' CITY ATT DATE: ' 14 1216 �. DATE: ' / 12 / 0 `l FFREY L. MILLER CITY MANAGER DATE: [SIGNATURES CONTINUED ON FOLLOWING PAGE] Page 3 of 4 K-EN N E ' C. J NNE, II SHERI OF OWA UNTY BY: KE TH C. JENNE, II WITNESS: BY:c BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY. .E�P/A�LRTM OFLEGALC FAFAIRS DATE: / / 5 /Z) l/ OWNER: CLAIRMONT NEIGHBORHOOD ASSOG%kTION, INC. JACK BRILL, PRESIDENT DATE: WITNES BY: c._ :• ATTES BY: .CORPORATE SECRETARY ` PRINT NAME: ,e 6 DATE: O 3 (Corporate Seal) DESCRIPTION OF CLAIRMONT NEIGHBORHOOD DESCRIPTION: PARCELS "B" AND "C " OF THE PLAT OF "CLAIRMONT" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 129, PAGE 2 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY FLORIDA AND CONTAIN 29.110 ACRES, MORE OR LESS. EXHIBIT "A" j = 3 E r— t�E Ly . SaL J 3 1 3 !! J 1 t LJ i1 L ray 7ya w�r� .ulprlrlx p I13:1MYd �,�' •« _ I k3x i1 li a ` 6 4 y 33_ � 6 I� I '- I� rw, y lv ►Mr�,�" .wn� 7.tMll.wf -Y1111 :2 z 2 g a EXHIBIT A TO DECLARATION OF COVENANTS CLAIRMONT CONDOMINIUM S OVERALL NEIGHBORHOOD PROPERTY PARCELS "B" AND "C" OF THE PLAT OF "CLAIRMONT," AS RECORDED IN PLAT BOOK 129, PAGE 2, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH THE FOLLOWING DESCRIBED PORTION OF THE SOUTH ONE-HALF OF SECTION 6, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST (N.W.) CORNER OF THE PLAT ENTITLED "CLAIRMONT," AS RECORDED IN PLAT BOOK 129, PAGE 2 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTH 89-50103" WEST ALONG THE WESTERLY EI=SION OF THE ... NORTHERLY LINE OF SAID PLAT, A DISTANCE OF 30.00 FEET; THENCE SOUTH 00'09'57" EAST, A DISTANCE OF 5.00 FEET, THENCE SOUTH 89°50103" GEST, A DISTANCE OF 176.50 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A CENTRAL ANGLE OF 22°30'00" AND A RADIUS OF 710.72 FEET, FOR A DISTANCE OF 43.48 FEET TO THE F'D7 OF TAN- GENCY: THENCE SOUTH 67'20103" WEST, A DISTANCE OF 113.46 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHWESTERLY AND NORTH- WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A CENTRAL ANGLE OF 78°00'00" AND A RADIUS OF 25.00 FEET, FOR A DISTANCE OF 34.0 FEET TO THE POINT OF TANGENCY: THENCE NORTH 34*39157" WEST, A DISTANCE OF 345.65 FEET; THENCE SOUTH 550201:03" WEST, A DISTANCE OF 36.19 FEET; THENCE SOUTH 80*50,03" WEST, A DISTANCE OF 430.00 FEET TO A POINT LYING ON THE EASTERLY LINE OF AN 80.00 FOOT ROAD RIGHT-OF-WAY KNOWN AS N.W. 110th TERRACE, AS RECORDED IN O.R. BOOK 6260, PAGE 618, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE_ SOUTH 00009157" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 210.00 FEET, TO THE POINT OF CURVATURE OF. A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY AND SOUTHEASTERLY -ALONG THE ARC OF SAID CURVE AND SAID EASTERLY LINE, HAVING A CENTRAL ANGLE OF 32*16,491, AND A RADIUS OF llbO.00 FEET, FOR AN ARC DISTANCE OF 653.54 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 32'26'46" EAST, ALONG SAID EASTERLY LINE, A DISTANCE OF 279.36 FEET; THENCE SOUTH 77*26,47" EAST, A DISTANCE OF 49.50 FEET TO A POINT LYING ON THE NORTHERLY LINE OF A 60.00 FOOT ROAD RIGHT-OF-WAY, KNOWN AS N.W. 71ST PLACE, AS RECORDED IN O.R. BOOK 6260, PAGE 617, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE NORTH 57033114" EAST ALONG SAID NORTHERLY LINE, A DISTANCE OF 288.77 FELT TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTH-- EASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY LINE, HAVING A CENTRAL ANGLE OF 27"58'15" AND A RADIUS OF 830.00 FEET, FOR A DIS- TANCE OF 405.19 FEET TO THE SOUTHWEST CORNER OF THE AFORESAID PLAT OF "CLAIRMONT;" THENCE NORTH 42*40148" EAST ALONG THE WESTERLY LINE OF SAID PLAT, A DISTANCE OF 47.60 FEET; THENCE NORTH 00*09'57" WEST, ALONG SAI.D WESTERLY LINE, A DISTANCE OF 612.35 FEET TO THE POINT'OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAINING 29.140 ACRES, MORE OR LESS. BEARINGS BASED ON THE STONER/KEITH RESURVEY, AS RECORDED IN MISCELLANEOUS PLAT BOOK 3, PAGE 44, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA- DEC. 16.2003-10:24AW0 tZKORNREICH NIA INSUR C�RNE+ NO. 119 P. 2 A -CO 03 12/15/ . CERTIFICATE OF LIABILITY INSURANCE OATI?EM19D/YYYYj PRODUCER THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION Kornreich/NIA of Miami(MLCL) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 14750 Palmetto Frontage Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 120 Miami Lakes, FL 33016 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Philadelphia Insurance Company 23850 Clairmont Neighborhood Assn. c/o MWI/Campbell Property Management INSUREERB: 4373 Rock Island Road INSURERC: Lauderhill, FL 33319 INSURERD, INSURER E: C[]VF12Ar.FS 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 POL!GIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT TYPE OF INSURANCE POLICY NUMBER P EFFECTIVE DATE MMIDD POLICY 1 MY M/DOm, LINM A GENERAL LIABILITY PHPK048689 06/09/03 05/09/04 EACH OCCURRENCE �1 OOD 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE �X OCCUR DAMAI TO RE2NTED $100 000 MIND EXP (Any one perean) S5 DDQ PERSONAL & ADV INJURY g1 000 DQD X SI GENERALAGGREGATE 621000,000 GSN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO s21000,000 POLICY F7 JJEC r7 LOG AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea aeddInt) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON.OWNED AUTOS (3O(314Y INJURY (Perarddenq $ PROPERTY DAMAGE (Per accident) $ GARAGB LIABILITY AUTO ONLY - EA ACCIDENT I OTHER THAN EA ACC $ ANY AUTO S AUTO ONLY: AGO EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE S AGGREGATE S a s DEDUCTIBLE S RETENTION S WORKERS COMPENSATION AND WC STAT�LIMr,I. OTH- oRYEMPLOYERS' LIABILITY , E,L. EACH ACCIDENT S ANY PROPRIETQR/PARTNERIEXE6CUTNE E.L. DISEASE • EA BMPLQYE S OFFICER/MEMBER EXCLUDED? 'r'Ja9. d�ae lhe nder SPECIAL PROVISIONS below E.L. DISEA$6 • POLICY LIMIT a OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEFNCLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVIs1oNs The City of Tamarac, FL, Kenneth C. Jenne II as Broward County Sheriff and Broward County Sheriff's Office are added as additional insureds as respects traffic enforcement activities of the employees and agents of the Broward Sheriffs office unless such liability arises from 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, Broward Co. Sheriffs office and Kenneth C.Jenne 11 as Sr. Co. Sheriff. Tamarac, FL 33321 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE IEXPIAATION DATE THEREOF, THE ISSUING INSURER WILL ENOEAVORTO MAIL __jjL_ DAYS WRITTIM NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURPTO DO 80 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ED REPRESENTATIVE ra%.arnu La k eyvuvn/ 1 Of Z OZZ9215 LSAO 0 ACORD CORPORATION 1988 IEXHIDT-L.,