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Home My WebLink AboutCity of Tamarac Resolution R-2022-238Temp. Reso. #9766 September 3, 2002 Page 1 of 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-238 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH EXETER 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 EXETER 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 Exeter 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 Exeter 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. #9766 September 3, 2002 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 Exeter 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 Exeter 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 Exeter 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 Exeter Neighborhood Association, Inc. 1 71 1 Temp. Reso. #9766 September 3, 2002 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 111" day of September, 2002, MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this REISO UTION,�s to form ! f ITCHELL AFT CITY ATTORN J E SCHREIBER, MAYORy RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE 7j� q AGREEMENT BETWEEN THE CITY OF TAMARAC, SHERIFF OF BROWARD COUNTY, _ AND THE EXETER NEIGHBORHOOD ASSOCIATION INC. FOR TRAFFIC CONTROL AND ENFORCEMENT THIS AGREEMENT made and entered into in Broward County, Florida, this d day of 2002 by and between the City of Tamarac, a municipal corporate n 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), Kenneth C. Jenne, II as the Sheriff of Broward County, Florida (hereinafter referred to as SHERIFF) and the Exeter 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 Exeter 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: 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 jur sdiction 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 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 Exeter Neighborhood Association, Inc. 7997 Exeter Boulevard West 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 cans d their respective agents to execute this instrument on their behalf, this day of . , 2002. ATTEST: MARION SWENSON, CIVIC CITY CLERK DATE: (SEAL) APP"K�AFT LE MICIT oa,E q IOIeZ X CITY OF TAMARAC, FLORIDA BY:-'� JOE SCHREIBER MAYOR DATE: JrrFR5Y L. MILLER CITY MANAGER DATE:�- [SIGNATURES CONTINUED ON FOLLOWING PAGE] Page 3 of 4 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 10 DEPARTMW OF LEGAL�� AFFAIRS DATE: WITNESSES RW,' M/V /04i.J%FAN ATTEST: COF ORATE SECRETARY PRINT NAME:°° -- DATE: Ivi,f4 z-- (Corporate Seal) KENNETH C.-JEtII SHERIFF BR( ARD CO NTY BY: KE TH C. JENNE, it SHE RFE DATE: l6 vlo� OWNER: EXETER NEIGHBORHOOD ASSOC. TION, INC. By �-. /,�,�r �/s�' . ,� �. ,. SIDNE WEISBURD PRESI ENT DATE: l�,'% ZZ, Page 4 of 4 DESCRIPTION OF EXETER NEIGHBORHOOD DESCRIPTION: PARCEL "E", "KINGS POINT REPLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 156, PAGE 3, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 24.586 ACRES, MORE OR LESS. EXHIBIT "A" SHEET 1 OF 2 P: \prnje.cts\1105d\lega Is\d esc-oa. doc r z W W LV F- LU cry EXHIBIT "A" SHEET 2 OF 2 EXHIBIT J" CERTIFICATE OF LIABILITY Kornreich/NIA of Miami(MLCi_) 14760 PAlmotto Frontaloa I.aad Suite 120 Miami Lakes, FL 33016 INSURED Exotot Neighborhood Assocziahon, Ir c, clo Sidney Weisburad 7997 Exeter Blvd, Worst Tamarac, FL 33321 INSURANCEF a"�^viva_ 'PHIS CERi1 3t�D. rL i «SHED AS A Fh 4 t t LFi hP INFAFilAAT102 4 ONLY ANO CONFERS NO RIGHTS JJPON THE CEFMFICRTE HOLDER. 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S h T ER �r. i.L,LNWAE 0-POLiu'/LIhYi� CCMAINEO VJM-e kiM17 1 S ��e irccidarl) � 4per pareen) Ip�• acald�r�) '� ppnoFrrTY oAannc:xa fP'DY ACCideNt) AIdTO C LY • EA AC, EtSY I }�I e i. ACt 5a U,UT TriAN Fw 1LY.,a ^ S YC pjS0A&1i0Nknot,*hkYF.NDOR'6EM#NTi9DEGALRROV41ONS City of Tamarac, Kenneth L. Jenne Il and Broward County Sheriff's office are ►wtided as attditional in$Uiojs as respects traffic erllhroament activities of the ampioye9v and agot►ts of the Broward Sheriff's office unless such liability arises ftorn the gross negligence or willful rtMiscondurl of an wont or employe9 of hither the City or tho Broward County She*riff's Office, ADC City of TAmarac, FL Kenneth C. Jenne II us Broward NCO -Sheriff and Broward Co. Sheriff S Ofc. Tamarac, FL 33321 ljnouLO zy ar-TH4A0G1/a 0 t SCQIO&b POLIC%; PS CANCF� kff t Affonk m F t,xwaA'nC DATE TM[KOP. TNt 1$61JING INSTUREA WILL ENG'FAvf]P TOVAit 3n,,,.__. 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