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Home My WebLink AboutCity of Tamarac Resolution R-2003-025Temp. Reso. #10023 January 8, 2003 Page 1 of 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-25 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH TRENT 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 TRENT 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 Trent 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 Trent 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. #10023 January 8, 2003 Page 2 of 2 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 VII Chief recommend that the City Commission execute an agreement with Trent 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 Trent 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 Trent 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 Trent Neighborhood Association, Inc. 1 FJ Temp. Reso. #10023 January 8, 2003 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 22" d day of January, 2003. ATTEST: MARION SWEN'SON, CMC CITY CLERK I HEREBY CERTIFY that have approved this RESOLUTION as to form. MITCHELL S. CITY ATTO' c E SCHREIBER, MAYOR RECORD OF COMMISSION' MAYOR SCHREIBER____� DIST 1: V/M. PORTNER 7 DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS EXHIBIT 1 Temp. Reso. #100023 AGREEMENT BETWEEN THE CITY OF TAMARAC SHERIFF OF BROWARD COUNTY AND THE TRENT NEIGHBORHOOD ASSOCIATION INC. FOR TRAFFIC CONTROL AND ENFORCEMENT THIS AGREEMENT made d entered into in Broward County, Florida this��day oLl by and between the City of Tamarac, a municipal corporation organized and exist i D 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, II as the Sheriff of Broward County, Florida (hereinafter referred to as SHERIFF)and the Trent 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 Trent 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 to enforcement of Tamarac Code Chapter 14, Article 11, 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 covenants and undertakings of the parties hereto, and other good and valuable consideration, 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 attach 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 unless such liability arises from the gross negligence or willful misconduct of an agent or employee of either the City or the Broward Sheriffs Office, a copy of which is attached at 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 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 Unites States Mail, Certified, with a return receipt requested, to the respective party at the following address or such addresses as may be provided from time to time in accordance the procedures set forth herein: City Manager of the City of Tamarac 7525 NW 88" 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 Trent Neighborhood Association, Inc. 7652 Trent Drive 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, this4-Oday o 9"4�-A� aOo3 ATTEST: MARION SWENSON, CMC CITY CLERK DATE: O (SEAL) APPROV AS TO FORM D /11TICHELL ALWFE,C S. OOW CITY ATTO EY DATE: l 2 b CITY OF TAMARAC, FLORIDA BY: OE SCHREIBER MAYOR DATE: BY: XfftREt L. MILLER CITY MANAGER DATE: ?5/o (signatures continued on following page) page 3 of 4 . JENNE, II BROWARD COUNTY TH C. JENNE, II DATE: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: Q DEPARTME,VVOFLEGAL AFFAIRS DATE: 1,,2 OWNER: TRENT NEIGHORHOOD ASSOCIATION, INC. BY:QL GERARD VANDAGNA PRESIDENT DATE: -Z IDAO� BY: CORPORATES CRE ARY PRINT NAME: L i / %r p ^l/ K tq Y-1-4 Ai DATE: ll'�'v Z o (Corporate Seal) page 4 of 4 Q C x ibitI ^28'28^ GO.00' 63'52' " Cxw4L/ [ /^ OCT, 2, 2002— 1;37PMIen&:K0RNREICH NIA INSUR MIMM NO. 648 P, 1/1 Exhibit: °B° A� CERTIFICATE OF LIABILITY INSURANCE oe�xaW20/MroDrY,r' ox Kornreich/NIA of Mlami(MLOL) 14790 Palmetto Frontage Road Suite 120 Miami Lakes, FL 33015 NYUf#q Trent Nelghhorhood III Condominiums A.H Wo MWI Management 4373 hock Wand Road Lauderhill, FL 33319 ONLY AND CONFER NO RIGIM UPON THE CMITIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, t' MND OR ALTER THE COVERAGE AFFORDED EY THE PouciEE BEL.Ow. INSUAFRO AFFORDING COVERAGE INSURER A: INSUMA C. INwnan Ir Inaunea e: THE POUaIES OF INeuRAN04 USTID BROW HAVE BEEN ISSUED TO THE INWRED NAMED ABOVE FOR YHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRNMENT, TERM OR CONDITION OF ANY CONTRACT OR 07HIM DOCUMINT WITH RESPECT TO WH" THIS CERTIMCATE MAY !1I ISSVID OR MAY PIRTAIN, THE IN$UFMCE AFFORDED By THE POLICIES DMORMED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND OONDMONS OF SUCH POLICIES. AGaRE-OATE LIMITS SHOWN MAY HAVE BEEN REUVCED BY PAID CLAIMS. TYPE OF WRANDE POLI CY NUYDGR UUMPT LIMI Ia EU p I WWALLIABILnY PHPK020995NSRHDD 103110102 I031"103 EACMOCCURMENCE I A fROiAL QENSAAL LMEbITY CLAWS MAM IX OOOUR 7MOVILI UAEILITY ANY AUTO ALL ovarm AUTO! SCHEDULSO AUTOS HILEDAIrroa NOW -OWNED AMI AOE LWa1UTT ANY AUTO [Is UAEIUTY OOCU11 C] CLAIMS MADE PIDUCTIP" "MKINI COMPENSATION AND IMPLOYM, LIAMUTY Yj;iq $IKLR EMIT I S ILY INJURY Mp�Iron) IDDIY ddss ! ((�=IM+ 0AGE �, ! AUTO ONLY • EA ACCIDENT I OTHER THAN BA ADD a AUTO ONLY:. AW IS 11AR01i��Y�i.�� •R�n�a I DI I PITON OF kI DPI"TIOMA11011CIpVACLEE/E CLUSION'A ADDED BY OMPOE15�AL p AMSIONS City of Tamarae, Kenneth L. Jenne 11 and Hroward County Sharili R Ofitae are added an additional Insureds 28 rllspeats traffic enforcamellt aotiVllles of the employees and manta of the Browarr! 6heriff's ardce unless suchliability arises from the gross negligence or willful misconduct of an agent or employee of either the City or The Broward County Sheriffs office, The City of Tamarao , FL. Kenneth C. Jenne 11 as llroward County Sheriff and Broward County Sheriff � Oft, Tamarac FL 33321 (7M7)1 of 2 0108344 IHOULD ANYOFTHEARDVE DEBC11ELRU POUCEUI ■R CMICFLLED eE100M THE WWW"CN DATE TIIERECF, TM ISSUINP INIURIR WILL INDIAVOA TOIAAIL'dq,._DAY/WM,, 9 NOMETOTHrcERriFIGATA RR NAMED TOTHALEFT,EUrFAILURE Taa0EDEHALL IMMSENDODLIOATION 1.I LtYOFANYMithoTHEINSIuneRMAGIN"OR AUTNM849 LBAO A ACOAD CORPORATION 1900