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"
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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.
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TYPE OF INSURANCE
POLICY NUMBER
P EFFECTIVE
DATE MMIDD
POLICY 1
MY
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GENERAL LIABILITY
PHPK048689
06/09/03
05/09/04
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�1 OOD 000
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AUTOMOBILE LIABILITY
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NON.OWNED AUTOS
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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
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