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City of Tamarac Resolution R-2000-003
Temp. Reso # 8839 - December 27, 1999 Page 1 CITY OF TAMARAC RESOLUTION NO. R-2000- Q3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CAPTIVA HOMEOWNERS 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 CAPTIVA HOMEOWNERS ASSOCIATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac, through the Broward County Sheriffs 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 Captiva Homeowners Association 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 Captiva Homeowners Association, Inc. has requested that the City of Tamarac through the Broward County Sheriffs Office be authorized to provide traffic control and enforcement within the Association's private roadways; and 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 Temp. Reso # 8839 - December 27, 1999 Page 2 1 WHEREAS, the Assistant City Manager and Broward County Sheriffs Office District #7 Chief recommend that the City Commission execute an agreement with Captiva Homeowners Association 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 Captiva Homeowners Association. 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 Captiva Homeowners Association 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 Captiva Homeowners Association. Section 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso # 8839 -December 27, 1999 Page 3 1 1 1 Section 4: If any clause, section, other part of application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portion or applications of this Resolution. Section 5: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this � day of994��, 2000. EBY CERTIFY that I have iced this Resolutiodag' ITCHELUS. F CITY ATTOR F,tT0t_MSCHREIBER, MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1; COMM. PORTNER DIST 2: M MISHviN DIST 3; COMM U T N F DIST 4: _ _ COMM. ROBERTS i TE L'JAN k.��jVED V I L LAG E O F _ 6 1999-A To: Castle Management 1-4-2000 Attn: Julie Smith 1. Attached are 3 copies of the Captiva, City of Tamarac and BSO agreement I spoke to you about yesterday. Please have the three signature pages (yellow tabs) notarized and sealed with the Corporate seal. Please give to Marty so he can deliver to the City managers office (Tamarac). Attn: Kristian McKew. 2. Please give Marty my copy of the Captiva documents. He needs them for a site plan of Captiva roadways. • Thanks, Cris Dietz 0 - bb6"a t Broward_ C�Unty-sho'riffls�dffice 2661-. V Bar ward_Bl6t�. Ft. Lau erdal�, FL :33312 .' (954) 831-8920 Department of Legal Affairs February 16, 2000 Mr. Jeffrey L. Miller City Manager City of Tamarac 7525 N. W. 88th Avenue Tamarac, FL 33321-2401 Re: Agreement between the City of Tamarac, BSO, and the Captiva Homeowners Association for Traffic Control and Enforcement Dear Mr. Miller: Please find enclosed two (2) original fully executed above -referenced agreements for the City of Tamarac and the Captiva Homeowners Association's files. Thank you for your time and attention to this matter. Sincerely, Jeff Hessler Senior Legal Counsel JH/mu Enclosure Whesslerlcaptiva cc: Chief Michael Goldstein, District 7 (w/ enclosure) i AGREEMENT BETWEEN THE CITY OF TAMARACK SHERIFF OF BROWARD COUNTY, AND THE CAPTIVA HOMEOWNERS ASSOCIATION FOR TRAFFIC CONTROL AND ENFORCEMENT THIS AGREEMENT made and entered into in Broward County, Florida, this /c;Lo day of �" by and between the Cityof Tamarac a municipal � p corporatio organi d 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), the Sheriff of Broward County, Florida (hereinafter referred to as SHERIFF) and the Captiva Homeowners Association, Inc., a not for profit Florida corporation, located in the City of Tamarac (hereinafter referred to as OWNER). A legal description of the Captiva Homeowners Association, Inc. is attached hereto as Exhibit "A". WHEREAS, the CITY, through its existing Agreement for Police Services with the SHERIFF, 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,,- urposes, including but not limited to the enforcement of Tamarac Code Chapter 14, Article II, Sec. 14-26(a) and State Statute 316.2065(3)(d)(e), over any private and limited access road(s) owned or controlled by the OWNER, which is described in attached Exhibit "B", pursuant to Florida Statute 316.006(2)(b); f WITN ESS ETH : 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. OWNER AGREEMENT BETWEEN THE CITY OF TAMARACK SHERIFF OF BROWARD COUNTY, AND THE CAPTIVA HOMEOWNERS ASSOCIATION FOR TRAFFIC CONTROL AND ENFORCEMENT THIS AGREEMENT made and entered into in Broward County, Florida, this /c;Lo day of �" by and between the Cityof Tamarac a municipal � p corporatio organi d 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), the Sheriff of Broward County, Florida (hereinafter referred to as SHERIFF) and the Captiva Homeowners Association, Inc., a not for profit Florida corporation, located in the City of Tamarac (hereinafter referred to as OWNER). A legal description of the Captiva Homeowners Association, Inc. is attached hereto as Exhibit "A". WHEREAS, the CITY, through its existing Agreement for Police Services with the SHERIFF, 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,,- urposes, including but not limited to the enforcement of Tamarac Code Chapter 14, Article II, Sec. 14-26(a) and State Statute 316.2065(3)(d)(e), over any private and limited access road(s) owned or controlled by the OWNER, which is described in attached Exhibit "B", pursuant to Florida Statute 316.006(2)(b); f WITN ESS ETH : 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. OWNER hereby represents that OWNER owns or controls the private and limited access road(s) within the property described in attached Exhibit "A". 1 R r �do 3. That the OWNER hereby recognizes the jurisdiction of the CITY and SHERIFF over any private and limited access road(s) 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 and limited access road(s) 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. OWNER shall be solely responsible for the maintenance and repair of any private and limited access road(s) within the property described in attached Exhibit "A". 7. 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 out of the CITY and/or SHERIFF exercising jurisdiction for traffic control and enforcement purposes over any private and limited access road(s), as provided in this Agreement, or arising out of the acts or omissions of OWNER, its employees, agents, servants, or representatives. 8. That the OWNER agrees to name the CITY and SHERIFF as an additional insured under its general liability policy for all actions arising out of this Agreement, a copy of which is attached as Exhibit "C". 9. That the OWNER, SHERIFF and 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. 10. That although the OWNER recognizes the 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. 11. 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. 2 12. 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 the 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 _� day of , 999-� o �- ATTEST: CAROL GOL CITY CLERK (SEAL) CMC/AAE APPROVED AS TO FORM AND LEGAL SUFFICIENCY:, 11 MITCHELL S. KRAF CITY ATTORNEY CITY OF TAMARAC, FLORIDA By: �C OE SCHREIBER MAYOR Dated: l - 1- 0--t) B y. .� JEFFREY L. MILLER CITY MANAGER Dated: t - ( [SIGNATURES CONTINUED ON FOLLOWING PAGE] A 3 WITNESSES: APPROVED AS TO FORM AND LEGAL SUFFICIENCY SUBJECT TO THE EXECUTION BY THE PARTIES: LYNlFUTCH GE L COUNSEL Dated: KENNETH C. JENNE, II SHF SWARD COUNTY By: Dated: SHERIFF 51 ATTEST: AGREEMENT BETWEEN THE CITY OF TAMARAC, SHERIFF OF,BRO,WARD COUNTY, AND THE CAPTIVA HOMEOWNERS ASSOCIATION FOR TRAFFIC CONTROL AND ENFORCEMENT CAPTIVA HOMEOWNERS ASSOCIATION, INC. Preside t Type/Print Name: Z Dated: G.-z4 :�t_ [Iof.%L('11% 5 1 Composite Exhibil..' Page��bf 1). P 7'0IN SCAPT IVA 'ARCO.^ .,„ BAR 993�y ,. �D. PARcEL ••c,. LANDSE ICN o SOUTH. AC :CRGING 0 0 THE PLAT THEREOF' AS RECORDED IN PL A � BOOK 153, PAGE 21, PUBLIC RECORDS, BROWARD COUNTY, FLORIDA. LESS THE* FOLLOWING PORTION IN PARCEL "A" AND THE FOLLOWING PORTION IN PARCEL " B" , BOTH LESS PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SQUTHEAST CORNER OF LAND SECTION 6 -- SOUTH AS SHOWN ON SAID PLAT; THENCE NORTH 0926'39" WEST ALONG THE EASTERLY LINE OF SAID PLAT FOR 32.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 44'33' 18" WEST FOR 42.43 FEET; THENCE SOUTH 89'33' 15" WEST FOR 346.99 FEET; THENCE NORTH 45'20905" WEST FOR 31.27 FEET; THENCE NORTH OOr 13'25 WEST FOR 37.549 FEET; THENCE NORTH 03y59'06" WEST FOR 15.03 FEET; THENCE NORTH 0913'25" WEST FOR 769.80 FEET; THENCE NORTH 13'35' 19" EAST FOR 30.89 FEET; THENCE NORTH 00' 13'25" WEST FOR 75.05 FEET TO A POINT ON A CURVE, SAID RS SOUTH 35'08' 19" EAST TO THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE NORTHEASTERLY -ALONG A CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 57.00 FEET, A CENTRAL ANGLE OF 33'35'23" FOR AN ARC LENGTH OF 33.42 FEET TO A POINT OF REVERSE CURVATURE; RVATURE• THENCE NORTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 188.00 FEET, A CENTRAL ANGLE OF 23'31 ' 10" FOR AN ARC LENGTH OF 77.17 FEET; THENCE SOUTH 73'046'07" EAST FOR 39.60 FEET TO THE WESTERLY RIGHT—OF—WAY LINE OF N.W. 108th TERRACE; THENCE SOUTH 32'28'09" EAST. -FOR 201.06 T POINT OF CURVATURE; THENCE SOUITHEASTERLY AND SOUTHERLY FEET 0 A 0 ALONG A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 910.00 FEET, A CENTRAL ANGLE OF 32'01 '33" FOR AN .:.ARC LENGTH OF 508.65 EE , FEET TO A POINT OF TANGENCY; THENCE SOUTH 00 26 39„ EAST FOR 282.28 FEET TO THE POINT OF BEGINNING. Is 7 � 1 1 1 . EXHIBIT B MOTOR VEHICLES AND TRAFFIC ARTICLE II. STOPPING, STANDING AND PARKING* Sec. 14-26. Parking restrictions --Public rights -of -way. (a) There shall be no vehicular parking in the paved portions of the dedicated public right-of- way areas within the limits of the city during the hours between 2:00 a.m, and 6:00 a.m., except those vehicles commonly designated as emer- gency vehicles. This prohibition shall apply seven (7) days a week. (b) The parking of motor vehicles anywhere on the Woodlands Boulevard right-of-way at any time of the day or night is prohibited. (Code 1975, § 15-4(a)) Sec. 14-27. Same --Fire lanes and fire access (a) Violation. It shall be unlawful for any per- son to park a vehicle in or otherwise obstruct a fire lane or fire access area, except for the imme- diate temporary loading or unloading of the at- tended vehicle. (b) Penalty. Any person issued a citation for violating the provisions of this section shall be subject to a fine of fifty dollars ($50.00) for each citation. (Code 1975, § 15-4(b); Ord. No. 98-1, § 2, 1-14-98) Sec. 14-28. Prohibited in specified places. (a) It shall be a violation of this section for any person without authority to stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the direc- tion of a police officer or traffic -control device, in or upon any private alley, drive, driveway, park - *Cross references --Buildings and building regulations, Ch. 5; child care centers shall be required to provide sufficient driveway and parking facilities, § 12-195; motor vehicle re- pairs in residentially zoned areas prohibited, § 14-32; parks and recreation, Ch. 15; control of vehicles in parks and recreation areas, § 15-81; streets and sidewalks, Ch. 20; streets, § 20-26 et seq.; zoning, Ch. 24; off-street parking and loading regulations, § 24-576 et seq. State law references —Stopping, standing and parking prohibited, F.S. section 316.1945; disabled persons' parking spaces, F.S. §§ 316.1955---316.1964. Supp. No. 34 § 14-29 ing area or other privately owned prop(Ai - with- out the consent of the owner of the pr. opi ►rty or person in charge thereof, whether such px operty is used exclusively by the owner or for th u se and convenience of customers or guests. (b) In any municipal parking areas w:l i.er :, there are parking spaces designated for tl e use of specific city officials, specific city employe es, po- lice department and members of boards and com- missions of the city, these designated p arking spaces are so indicated by signs or whe E .1 s ,-ops in front of each space. It shall be a violati m of this section for any person, without authorit-7,1v stop, stand or park a vehicle in such park- ng space except when necessary to avoid conflict v fit) i other traffic or in compliance with the dire #c n of a police officer or traffic -control device. (Code 1975, § 15-5) Sec. 14-29. Parking places for dissal )le d per- sons. (a) Definitions. The following words, ter: ns and phrases, when used in this section, shal.:. h; ive the meanings ascribed to them in this silbc ection, except where the context clearly indict; .te; ; a dif- ferent meaning: (1) Designated parking space means .an 7 park- ing space posted with a sign v i- th letter- ing such as "Parking by Disabled Permit Only," and bearing the internat,im; illy ac- cepted wheelchair symbol. ~- (2) Disabled person means a severoly physi- cally disabled individual with .a , Derma- _ nent mobility problem which si .bstan- tially impairs his or her ability to tm bulate, who has been issued an exern p 'tio a enti- tlement parking permit pursu;�� at to F.S. section 320.0848. 966.1 (3) Motor vehicle means any vehicl(t, which is self-propelled by any means wl- pit: oever. (b) Public parking space required. r 'h( mini- mum number of disabled persons' park.:' +.zg spaces on private property on which the owner le 3see or person in control of such property provic es spaces for use by members of the public ut he - than employees of such owner, lessee or perso a, nclud- ing but not limited to parking spaces at; shDpping e F.S. i R ubstances prohibited; dr ;tructing, digging, etc. 1V F. 1.ce or allow to be placed u' V ny tacks, wire, scrap m `z ubstance which may be in' lu�i-� -f s or animals or to the tires carious to the road. y Dw any vehicle or contriva 1/ load or portion of a load upon any street or hi hwa w' 9 y; ,struct, dig up, or in any wa = ,'ay. However, this subsecti' 3 as to hinder or prevent t of any utilities in accordance' ,v now existing or that i vehicle to be equipped with_"�' ess-type tire on any motor iW ted upon a highway..: ,ction is a noncriminal tra K . i 2 ,ant to chapter 318 as either; of ractions of subsection (1 wing violation for infractions r tion (4}. -3 S. 157. ch. 99-248. 'urious substances. — or permits to be dropped. or highway any destructive - immediately remove the". ved. I g a wrecked or damaged vay shall remove any glass dropped upon the highway Lion is a noncriminal traffic 3nmoving violation as pro- ' : s. 158, ch. 99-248. ublic streets, highways, erson or persons willfully it, and normal use of any J by impeding, hindering, ning traffic or passage coaching motor vehicles safe movement of vehi- hereon; and any person ovisions of this subsec- ited for a pedestrian vio- in chapter 318. roper authorization or a or persons willfully to and normal use of any by any of the means rder to solicit. Any per - is of this subsection econd degree, punish- r s. 775,083. Organiza- �) of the Internal Revs - 'ant to chapter 496, or EXHIBIT B F.S. 1999 STATE UNIFORM TRAFFIC CONTROL Ch. 316 cersons or organizations acting on their behalf are ;Xempted from the provisions of this subsection for activities on streets or roads not maintained by the Mate. Permits for the use of any portion of a state- raintained road or right-of-way shall be required only jor those purposes and in the manner set out in s. 337.406. (3) Permits for the use of any street, road, or right- of-way not maintained by the state may be issued by the appropriate local government. (4) Nothing in this section shall be construed to inhibit political campaigning on the public right-of-way or to require a permit for such activity. (5) Notwithstanding the provisions of subsection (1), any commercial vehicle used solely for the purpose of collecting solid waste or recyclable or recovered materials may stop or stand on any public street, high- way, or road for the sole purpose of collecting solid waste or recyclable or recovered materials. However, such solid waste or recyclable or recovered materials collection vehicle shall show or display amber flashing hazard lights at all times that it is engaged in stopping or standing for the purpose of collecting solid waste or recyclable or recovered materials. Local governments may establish reasonable regulations governing the standing and stopping of such commercial vehicles, provided that such regulations are applied uniformly and without regard to the ownership of the vehicles. History.---s. 1, ch. 71-135; ss. 1, 13, ch. 76-31; s. 1, ch. 87-378; s. 61, ch. 93-207; s. 29, ch. 96-350. Note. --Former s. 316.103. 316.2051 Certain vehicles prohibited on hard - surfaced roads. ---It is unlawful to operate upon any hard -surfaced road in this state any log cart, tractor, or well machine; any steel -tired vehicle other than the ordinary farm wagon or buggy; or any other vehicle or machine that is likely to damage a hard -surfaced road except to cause ordinary wear and tear on the same. A violation of this section is a noncriminal traffic infraction, Punishable as a moving violation as provided in chap�pr 318. History.—s. 1, ch. 71-135: s. 1, ch. 76-31; s. 159, ch. 99-248. Note. --Former s. 316.102. 316.2055 Motor vehicles, throwing advertising materials in. ---it is unlawful for any person on a public street, highway, or sidewalk in the state to throw into, or attempt to throw into, any motor vehicle, or offer, or attempt to offer, to any occupant of any motor vehicle, Whether standing or moving, or to place or throw into any motor vehicle any advertising or soliciting materials or to cause or secure any person or persons to do any one of such unlawful acts. History.--s. 1, ch. 71-135; s. 1, ch. 76-31. Note. --Former s. 316.106. 316.2061 Stop when traffic obstructed. --No driver Shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the +ntersection or crosswalk to accommodate the vehicle the driver is operating without obstructing the passage Of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. A violation of this section is a noncriminal traffic infraction, punish- able as a moving violation as provided in chapter 318. History.---s. 1, ch. 71-135; s. 1, ch. 76-31; s. 319, ch. 95-148: s. 160, ch. 99-248. Note. —Former s. 316.107. 316.2065 Bicycle regulations.--- (1) Every person propelling a vehicle by human power has all of the rights and all of the duties applica- ble to the driver of any other vehicle under this chapter, except as to special regulations in this chapter, and except as to provisions of this chapter which by their nature can have no application. (2) A person operating a bicycle may not ride other than upon or astride a permanent and regular seat attached thereto. (3)(a) A bicycle may not be used to carry more per- sons at one time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached to his or her person in a backpack or sling. (b) Except as provided in paragraph (a),,a bicycle rider must carry any passenger who is a child under 4 years of age, or who weighs 40 pounds or less, in a seat or carrier that is designed to carry a child of that age or size and that secures and protects the child from the moving parts of the bicycle. (c) A bicycle rider may not allow a passenger to remain in a child seat or carrier on a bicycle when the rider is not in immediate control of the bicycle. (d) A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger's head by a strap, and that meets the standards of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standard for Protective Headgear for Use in Bicycling), or any other nationally recognized standards for bicycle helmets adopted by the department. As used in this subsection, the term "passenger' includes a child who is riding in a trailer or semitrailer attached to a bicycle. (e) Law enforcement officers and school crossing guards may issue a bicycle safety brochure and a ver- bal warning to a bicycle rider or passenger who violates this subsection. A bicycle rider or passenger who vio- lates this subsection may be issued a citation by a law enforcement officer and assessed a fine for a pedes- trian violation, as provided in s. 318.18. The court shall dismiss the charge against a bicycle rider or passenger for a first violation of paragraph (d) upon proof of pur- chase of a bicycle helmet that complies with this sub- section. (4) No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle may attach the same or himself or herself to any vehicle upon a roadway. This subsection does not prohibit attaching a bicycle trailer or bicycle semitrailer to a bicycle if that trailer or semitrailer is commercially available and has been designed for such attachment. (5)(a) Any person operating a bicycle upon a road- way at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations: 1251 EXHIBIT B Ch. 316 STATE UNIFORM TRAFFIC CONTROL F.S. 1999 1. When overtaking and passing another bicycle or vehicle proceeding in the same direction. 2. When preparing for a left turn at an intersection orinto a private road or driveway. 3. When reasonably necessary to avoid any con- dition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard -width lane, that makes it unsafe to continue along the right-hand curb or edge. For the purposes of this subsection, a "sub- standard -width lane" is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane. (b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable. (6) Persons riding bicycles upon a roadway may not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast may not impede traffic when traveling at less than the normal speed of traffic at the time and place and under the conditions then existing and shall ride within a single lane. (7) Any person operating a bicycle shall keep at least one hand upon the handlebars. (8) Every bicycle in use between sunset and sun- rise shall be equipped with a lamp on the front exhibit- ing a white light visible from a distance of at least 500 feet to the front and a lamp and reflector on the rear each exhibiting a red light visible from a distance of 600 feet to the rear. A bicycle or its rider may be equipped with lights or reflectors in addition to those required by this section. (9) No parent of any minor child and no guardian of any minor ward may authorize or knowingly permit any such minor child or ward to violate any of the provisions of this section. (10) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circum- stances. (11) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a cross- walk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. (12) No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, may go upon any roadway except while crossing a street on a crosswalk; and, when so crossing, such per- son shall be granted all rights and shall be subject to all of the duties applicable to pedestrians. (13) This section shall not apply upon any street while set aside as a play street authorized herein or as designated by state, county, or municipal authority. (14) Every bicycle shall be equipped with a brake or brakes which will enable its rider to stop the bicycle within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement. (15) A person engaged in the business of selling bicycles at retail shall not sell any bicycle unless the bicycle has an identifying number permanently stamped or cast on its frame. (16)(a) A person may not knowingly rent or lease any bicycle to be ridden by a child who is under the age of 16 years unless: 1. The child possesses a bicycle helmet; or 2. The lessor provides a bicycle helmet for the child to wear. (b) A violation of this subsection is a nonmoving violation, punishable as provided in s. 318.18. (17) The court may waive, reduce, or suspend pay- ment of any fine imposed under subsection (3) or sub- section (16) and may impose any other conditions on the waiver, reduction, or suspension. If the court finds that a person does not have sufficient funds to pay the fine, the court may require the performance of a speci- fied number of hours of community service or attend- ance at a safety seminar. (18) Notwithstanding s. 318.21, all proceeds col- lected pursuant to s. 318.18 for violations under para- graphs (3)(e) and (16)(b) shall be deposited into the State Transportation Trust Fund. (19) The failure of a person to wear a bicycle helmet or the failure of a parent or guardian to prevent a child from riding a bicycle without a bicycle helmet may not be considered evidence of negligence or contributory negligence. (20) Except as otherwise provided in this section, a violation of this section is a noncriminal traffic infraction, punishable as a pedestrian violation as provided in chapter 318. A law enforcement officer may issue traffic citations for a violation of subsection (3) or subsection (16) only if the violation occurs on a bicycle path or road, as defined in s. 334.03. However, they may not issue citations to persons on private property, except any part thereof which is open to the use of the public for purposes of vehicular traffic. History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 2, ch. 76-286; s. 1, ch, 78-353, s 8, ch. 83-68; s. 5, ch. 85-309; s. 1, ch. 86-23; s. 7, ch. 87-161; s. 21, ch. 94-30E s. 899, ch. 95-148; s. 1, ch. 96-185; s. 2, ch. 97-300; s. 161, ch. 99-248. Note. --Former s. 316.111. 316.2074 All -terrain vehicles. (1) It is the intent of the Legislature, through the adoption of this section to provide safety protection for minors while operating an all -terrain vehicle in this state. (2) As used in this section "all -terrain vehicle` means any motorized off -highway vehicle 50 inches (1270 mm) or less in width, having a dry weight of 6N pounds (273 kg) or less, traveling on three or more iow- pressure tires, designed for operator use only with no passengers, having a seat or saddle designed to be straddled by the operator, and having handlebars for steering control. (3) No person under 16 years of age shall operate - ride, or be otherwise propelled on an all -terrain vehicle unless the person wears a safety helmet meeting United States Department of Transportation standard and eye protection. (4) If a crash results in the death of any person or in the injury of any person which results in treatment Of the person by a physician, the operator of each all terrain vehicle involved in the crash shall give notice of the crash pursuant to s. 316.066. F.S. 1999 (5) An all -terrain vehic used by police officers o as public roadways for t traffic laws of the state. Al. used by the police to trati is 5 miles of beach access c { the beach. (6) A violation of this s infraction, punishable as a vided in chapter 318. History.—ss. 1, 2, 3. 4, 5, ch, 88-2- w ch. 96-413; s. 162, ch. 99-248. 316.208 Motorcycles a i (1) Any person operati shall be granted all of the ri all of the duties applicable vehicle under this chapter, � ions in this)chapter and ex 'of this chapter which by the cation. (2)(a) Any person opera way at less than the normal And place and under the cc nde as close as practicablE edge of the roadway except situations: 1. When overtaking or 5roceeding in the same dire: � 2. When preparing for a r into a private road or drive . When reasonably nee- ,t3 ion, including, but not lim abject, parked or moving ve Nnimal, surface hazard, or sul lakes it unsafe to continue c ,,tir edge. For purposes of thilc and -width lane" is a lane that did another vehicle to travel le lane. (b) Any person operating c ghway with two or more mar: near the left-hand curb or E 'acticable. '(3) A person propelling a r ewer upon and along a sidew ►on and along a crosswalk, sties applicable to a pedestr' instances, except that such !ht-of-way to any pedestrian a Inal before overtaking and p [4) No person shall propel a ►idewalk while the motor is o 5) A violation of this section action, punishable as a movir :hapter 318. story.---s 1, ch. 71-135; s 1, ch. 76-3 ! He. --Former S. 316.127. 116.2085 Riding on motorc� 1) A person operating a mot only upon the permane iched thereto, and such oper or person, nor shall any of 1252 DATE: 01/11/100 TIME: 02:41 PM TO: Kristian McKew Q �'A Co"o� ED%f#A .RX . .... . .. ROOUCER C954)724-7000 -eyes, Coverage, Inc. 201 West McNab Road FAX (954)724-7024 724-2454 PAGE: 002-002 .. ......................... . !!� • , : !� DATE (MM,VD/YY) .. ,....•..•....•.•.•..•:........... ... :•:•::•:;:; ;:: 01 / 11 / 2 0 00 :ti•:•:•:• .. ............. .: .1 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. arnarac FL COMPANIES AFFORDING COVERAGE • COMPANY New.•Hampshi re.,Insu.ran.ce..company ttn: Mary Hall Ext: A ........................................................................................:............................................................... Capti va Homeowners Assoc. , Inc. COMPANY B 951 Broken Sound Parkway Suite #250 Boca Raton,, FL 33487 COMPANY C .,.................................................................................................. COMPANY D • ♦ s i- :ii � i i i i �i-Ti � i-•• i �•• i � • • • • • i� • • i • • ♦ • • • ♦ ♦ • • ► ► • ► ! . ► THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAPAED 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .......................................-•---•:....................................................................; ......................................._.... ......_............._.......... • ... O TYPE OF INSURANCE POLICYNUMBER Pa -ICY EFFECTIVE :POLICY EXPIRATIOI'V ; LIMITS "R DATE (MMI/UD/YY) DATE (MM/DD/YY) GENERAL LIABILITY • GENERAL AGGREGATE ' S 190000000 • x COMMERCIAL GENERAL LIABILITY : ' : ► PRODUCTS - COMP/OP AGG .: S 17000,000 • CLAIMS MADE : X : OCCUR ' :........: •....: :CP02667141 ; : 06/01/1999 : ' PERSONAL & ADV INJURY 06/01/2000 ..... ...•................ ' $ ; .... ]• 0009000 ................... : [--"Y^ER'S & CONTRACTOR'S PROT ' : EACH OCCURRENCE �•S 190009000 ' FIRE DAMAGE (Any one fire) S 50 000 MED EXP (Any one person) :; S 51000 = AUTOMOBILE LIABIILITY - . COMBINED SINGLE LIMIT S ANY AUTO • :.. • •ALL OWNED AUTOS • • : : BODILY INJURY ., ' • : SCHEDULED AUTOS ► . Per person) . �S ., :HIRED AUTOS . : BODILY INJURY NON -OWNED AUTOS ' (Per accident) .•. ...............................:......................... • PROPERTY DAMAGE , ; $ GARAGE UABILriY .. - AUTO ONLY - EA ACCIDENT S :. :ANY AUTO • :.... : OTHER THAN AUTO ONLY: ...............................:-:::.�..........................:..... �� ....... . :' • :•� :• ... ' EACH ACCI DENT :; S AGGREGATE S EXCESS UABILITY ; E EACH OCCURRENCE S .. ............................. .......................... = UMBRELLA FORM - • : ' AGGREGATE ' S • OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND : TORY LIMITS ER ' :� �:�'•' ;: • ; ; :.: EMPLOYERS' LIABILITY ............................ . , .....:•.:................. = EL EACH ACCIDENT S THE PgOPRIETOA/ : INCL : EL DISEASE . POUCY LIMIT : PARTNERS/EXECUTIVE ..... •......................................................... oFFI�'`RS ARE: EXCL ! , EL DISEASE - EA EMPLOYEE ; $ • OTHER SCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPEC3AL r'EMS rti fi cate Holder is listed as Additional Insured on the General Liability Coverage, but only with Bards to operations at the Insured's Premises. .. ..•. :.:•.•.•. .• .•:•. :�:..:.•.•.•. ... .............. ......................... .... :•:•::. . . :�. :•:�: f SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THE RECF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Tamarac 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN : CITY MANAGER BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 7525 N.W. 88 Avenue OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Tamarac, FL 33321 AUTHORRED REPRESENTATIVE Carey Keyes/KEY8 FILE NOW: FILING FEE IS $61.25 NONPROFIT FLORIDA DEPARTMENT OF STATE f CORPORAT1oN Knitherins Harris ANNUAL. REPORT secretary of State 1999 _-* mviww OF CORPORATIONS CUMENT # N93000005525 1. Corporation Nome CAMA HOMEOWNERS ASSOCIATION, INC. prinrmal Place of Business Mailing Address 251°"S°'° my ""'` 25'MEN °P I�lilllilllllllllillll�liillll�li�llillllll�!#III�IH WCA AATON FL 1W7 WCA M►qN Ft 33487 us U5 Principal Place of SwIness s• Meiling Address 3. Ogle l;;;-p-p—Mtod or QuaNled �Lfw'�Tua7 21 is Suns. Apt III, etc. Suits, Apt. S. Mc • FEI Number Applied For W�2 FIft APp & 22 27 city a state car S Stale tf- of Status •7 Additional Desired © Fee Required ired ss xe Zip country Zip Country 8. Electlort Campaign Financing ❑ $5.00 May es 24 2g 29 3a Trust fund Contribubon Added Fees 9. Name and Address of Current Rs9IslerW Nprilt 16- Name and Address of New Re lslared Agent 61 Name MESSWO. JOEL 82 Strest Address (P�O. Brsr Maker is Not Acceptable► 951 BROKEN SOUND PWY Slli!'E a BOCA RATON FL 3W7 r$4'1 city FL es 1 Tip code ursuant to the provisions of Sections 617.0502 and 617.150e. Florida Statutes, the above -tamed corpomtlon submits this statement for th* purpose of changkg its registered or registered agent. or both, in the State of Florida. Such che�pe wp9 authorized by the corporatlon's board of directors. I hereby accept the appointment as registered ant. I am familiar with, and accept the obligations of, Section 817.QS03 Florida Statutes. SIGNATURir gnwo"drse or ►w'" wry of mpr appkarMr. (nprE: Napsaerrr wgtir+v.+au+w — —rl4nr•a) �arE 1 • OFFICERS AND DIRECTORS 13. ADUI IONSICHANGEfi to OF 14CER S AND DIRECTORS IN 12 � MF T El DELETE 1.1 mu r tgrtge MOM Now DIETZ, WALTER 72Nue Walter Dietz Srr+EETAIxIREss 11010 WHITMAN LANE 1.9StFIMADMISs i Whitman Lane ary.ST.Zr TAMARAC FL 33321 t.41:ITY-ST.ar Tamarac Tamarac, Fir 33321.01 MIX P WOWELElE 111 ftt1A Y P P006721.4 4.4 P-SCA) © " www HEROLD. Lilo 32P A E / I v q 1 f 4 L.,X & 64r SWETAmf % 10LlBT JEWEL, BOX LANE 2.137111tlTAMR1 3 Al71rl AC�jcf �- 3� 3.� a1r•sT41r TAMARAC L4atY-ST-aa TEE D DELETE it7ME cWW kon MIX SHERLOCK, THOMAS S'llautE Eliot MeiSeles sTRWAMRESS 10910 SEA HIL WLIS LANE 13STK.1:rAmmSs 11040 Palm Ridge Lane eITY.ST.2IP TAMARAC R 34.aTY-ST-ZIP Tamarac, FL 33321 TtT1E VP DELETE 0 Me ❑ Atidt4on WE ROSENSTEIN, STEVEN 4.2N" Steven Rosenstein 3711MAtTtnM 10M PALM RIDGE LANE 4.3sTWAt70RESS 10860 Palm Ridge Lane rtn-sT-ap TAMARAC IL33321 4.4CI 4T-ZP Tamarac, FI 33321 ❑ Dh19s © Adbtm IME 0 METE SI WILE ► W KANE, JACK 52 W" sTAWAOMSS 11011 SEA HBSCUS LANE U Fr%UA SS 18,11TITLE crrr.St.ala !MAW EL 33321 Wrly-sT-aa TTT1,E El DELETE 0 Champs ©AM" NALE 62►4ALE STREETADDRE'.R s 181 r4R T ADOREss T• ZIP B 4 0TY-ST.2'P in Section 119.07(3X!), Florida Statutes, 1 further candy that the Wormaton hereby certify that the informalan supplied wish this filing does not qualify for the exemption slated indkated r]r1 this annual report or supplemental annual report Is true and accuraw and that my signature shalt have the same legal effect as it made under oath; that I am an Wicer or director of the corporation or the r4x*h er or tnrstee empowered to execute IN* report as required by Chapter 8IT. Ronde Statutes: and that my name appears in Sic*12 or t3ordt 13 it cfis��A��1»nit chrrreM an address, with all other kits empowered. SIGNATURE: CASTLE GROUP CONTRACT PROFILE SHEET ASSOCIATION; CAPTNA HOMEOWNERS ASSOCIATION, INC. BOARD OF DIRECTORS TITLE NAME ADDRESS President r:1 Waiter Dietz 11010 Whitman lane "Cris" Tarnw8c, PI 33321 VP Roberts Larson 11041 Palm Ridge long Secretary Jack Kane 11011 ilea Hibiscus Lane Treasurer Eliot Meise{es . 11040 Ralm Ridge lane Director pireetor Special Notes G„� ' !dt Gvr Determine who gets what Nod of financial 25.Oct-99 Nniurr= UU^DW V-A . ►20 9101 _ 387 0130 b 300 3262 c 7249708 '20 6989 305 592 9507 ed 4123 305 4701801 '21 0906 '24 9816 305 588 4585 7247452 SERVICE COMPANIES, CONTRACTORS AND VENDORS CONTRACTOR COMPANY Emergency Numbers if applicable COMPANY CONTACT PHONE PAGER CELLULAR Air LionfUloning Contractor As sociatlon Att am Katzman & Korr Lei h Association Auditor Eiedrical Contractor Insurance Acent Ke as CoveMe 1 " awn an F & S Enterprises Janitorial SeMcas n/a Lake maintenance Lake Doctor Bob Lawn Landsca in South Florida Lawns Jim / John Locksmith Pouter Puilte Homes UCI Pest Control Al Hoffer Pool Service Na Pressure Cleaning Joe petchu RooNn Contractor polite HomesSecu " company n/a TovAng Company Westwey Waste Removal Other Unit owner res en�bil • 9728228 724 7000 572 4930 565 7485 421 0109 800 737 8583 7531222 973 1549 _. 800 737 8503 7311116 -EE1 • (p) Employment contracts or service contracts in which the Association is one of the contracting parties, or service contracts in which the Association or Owners have an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person or persons performing the service; and, (q) All other contracts to which the Association is a party. S.EW2&g anSI Duties. The Board shall have the powers and duties necessary for the management and administration of the affairs of the Association and may take all acts, through the proper officers of the Association, in executing such powers, except such acts which by law, the Declaration, the Articles or these Bylaws may not be delegated to the Hoard by the Owners. Such powers and duties of the Board shall include, without limitation (except as limited elsewhere herein), the following: (a) operating and maintaining the Cosinon Properties and other property owned by the Association. (b) Determining the expenses required for the operation of the Association. (c) Collectinq the Assessments for Common Expenses of the Association from Lot Owners, (d) Employing and dismissing the personnel necessary for the maintenance and operation of co the Common Properties and other property owned N, by the Association. a (e) Adopting and amending rules and regulations concerning the details of the operation and 'use of the Project and any property owned by the Association, subject to a right of the G Owners to overrule the Board as provided in a Section 13 hereof. u (f) Maintaining bank accounts on behalf of the Association and designating the signatories required therefor. (g) Purchasing, leasing or otherwise acquiring Lots or other property in the name of the Association, or its designee. 14 • (h) Purchasing Lots at foreclosure or other judicial sales, in the name. of the Association, or its designee. ti} Selling, leasing, mortgaging or otherwise dealing with Lots acquired by the Association. {j) Settling or compromising claims of or against the Association in which all Owners have a common interest. (k) Obtaining and reviewing insurance for the Common Properties and other property owned by the Association. (l) baking repairs, additions and improvements to, or alterations of, the Common Properties, in accordance with the provisions of the Declaration after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings or otherwise. (m) Enforcing obligations of the Owners, allocating profits and expenses and taking such other actions as shall be deemed necessary and proper for the sound management of the Project. (n) Levying fl,nes against appropriate owners for violations of the Declaration or rules and regulations established by the Association to govern the conduct of such owners. (o) Borrowing money on behalf of the Association when required in connection with the operation, cars, upkeep and maintenance of the Coe■roa Properties or the acquisition of propertyp and granting mortgages on and/or security interests in Association owned property; provided, however, that the consent of the holders of at least two-thirds (2/3rds) of the votes of the Membership represented at a meeting of Members at which a quorum has been attained in accordance with the provisions of then* Bylaws shall be required for the borrowing of any sus in excess of $50,000.00, if any sum. borrowed by the Board on behalf of the Association pursuant to the authority contained in this subparagraph (o) is not repaid by the Association, an Owner who pays to the creditor such portion thereof as is Co w X_ QC his interest in the property owned by the Association bears to the interest of all the fawners in the property owned by the Association shall be entitled to obtain from the creditor a release of any judgment or other lien which said creditor shall have filed or shall have the right to file against, or which will affect, such Owner's Lot. The Association shall take no action authorized, in this paragraph without the prior written consent of the Declarant as long as the Declarant owns any Lot. (p) Contracting for the management and maintenance of the Common Properties or other property owned by the Association and authorizing a management agent (who may be an affiliate of the Declarant) to assist the Association in carrying out its powers and duties by performing such functions as the submission of proposals, collection of Assessments, preparation of records, enforcement of rules and maintenance, repair and replacement of the Common properties or other Association property with funds as shall be made available by the Association for such purposes. The Association and its officers shall, however, retain at all times the powers and duties granted by the Declaration, including, but not limited to, the making of Assessments, promulgation of rules and execution of contracts on behalf of the Association. (q) At its discretion, authorizing Owners or other persons to use portions of the Common Properties or other property owned by the Association for private parties and gatherings and imposing reasonable charges for such private use. (r) Exercising (i) all powers specifically not forth in the Declaration, the Articles, and these Bylaws, and (ii) all powers incidental thereto, and all other powers of a Florida corporation not for profit. (s) imposing a lawful fee in connection with the approval of, the transfer, lease, or sale of Lots, not to exceed the maximum amount permitted by law in any one case. 0 16 w w c r` CD 6. (t) Contracting with and creating special taxing districts. Anything herein, in the Declaration, or elsewhere to the contrary notwithstanding, no general funds of the Association shall be utilized for bringing, supporting, investigating, or otherwise abetting any legal action, claim, or extra -judicial action against the Declarant, and such purposes shall not be generally deemed Common Expenses. Funds of the Association may only be spent for such purposes to the extent they are specifically approved for such purposes by 858 of the votes of the Members of the Association. This provision may not be amended. 6.1 Execu&iy2 Offiggr*. The executive officers of the Association shall be a President, vice -President, a Treasurer and a Secretary (none of whom need be Directors), all of whom shall be elected by the Hoard and who may be peremptorily removed at any meeting at which a quorum of Directors is attained by concurrence of a majority of all of the present Directors. A person may hold more than one office, except that the President may not also be the Secretary. No person shall sign an instrument or perform an act in the capacity of more than one office. The Board from time to time shall elect such other officers and designate their powers and duties as the Board shall deem necessary or appropriate to manage the affairs of the Association. officers need not be owners. 6.2 President. The President shall be the chief executive officer of the Association. He shall have all of the powers and duties that are usually vested in the office of president of an association. 6.3 MISS -Pill,. The Vice -President shall exercise the powers and perform the duties of the President in the absence or disability of the President. He also shall assist the President and exercise such other powers and perfora such other duties as are incident to the office of the vice president of an association and as shall otherwise be prescribed by the Directors. 6.4 locIttpry. The Secretary shall keep the minutes of all Proceedings of the Directors and the Members. He shall attend to the giving of all notice* to the Members and Directors and other notices required by law. He shall have custody of the seal of the Association and shall affix it to instruments requiring the seal when duly 0 17 signed. He shall keep the records of the Association, except those of the Treasurer, and shall perform all other duties incident to the office of the secretary of an association and as may be required by the Directors or the President. 6.5 Trealurar. The Treasurer shall have custody of all property of the Association, including funds, securities and evidences of indebtedness. He shall keep books of account for the Association in accordance with good accounting practices, which, together with substantiating papers, shall be made available to the Board of Directors at reasonable intervals and shall perform all other duties incident to the office of treasurer. All monies and other valuable effects shall be kept for the benefit of the Association in such depositories as may be designated by a majority of the Board. 6.6 22glaralit M22intjft. No officer appointed by the Declarant may be removed except as provided in Section 4.19 hereof and by law. 7. omneneation. Neither Directors nor officers shall receive compensation for their services as such, but my be compensated for services performed outside the scope of their service as officers or Directors. S. Resignations. Any Director or officer may resign his post at any time by written resignation, delivered to the President or Secretary, which shall take effect upon its receipt unless a later date is specified in the resignation, in which event the In 7w, resignation shall be effective from such later date unless withdrawn. The acceptance of a resignation shall not be required to make it effective. The conveyance of all Lots owned by any Director or officer (other than appointees of the Declarant or other Directors or officers who are not Lot; Owners when elected or appointed) shall constitute a written c resignation of such Director or officer. 47 cc 9•isca,�.an,. The provisions for fiscal management of the Association not forth in the Declaration and Articles shall be supplesiented by the following provisions; 9.1 Wy21. (+ ) Mallon By 1f:ad..�Item. The Board s ha l l from time to time, and at least annually, proper* a budget for the Association, determine the amount of Assessments payable by the Owners to meet the expenses of the Association, and allocate and assess such 0 is ........... t ACORD •: 4i% �, j�(�We.,t}} ` : ��,y• pATE (MMDDJYV) 01/11/2000 oDUCER (954)724-7000 FAX (954)724-7024 THIS CFZKUIFICAI A MATTER OF eyes Coverage, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 201 West McNab Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. amao FL 33321 COMPANIES AFFORDING COVERAGE . .. ............................ COMPANY New Hampshi re Insurance company ttn: Mary Hall Ext: A ................................................ +SUFIED C a p t i v a Homeowners Assoc,, Inc. ................................................................................................... COMPANY B 951 Broken Sound Parkway ................. Suite #250 S COMPANY C BocaRaton,, FL 33487 ..................................................................................... ......... COMPANY D :THI.•:I:::. ...• • E� F S S TO CERTIFY THAT TH P E OLICI ES OF INSURANCE LISTED BELOW BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE•POLICY PERIOD �• INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O : -R : TYPE OF INSURANCEPt7UCY NUMBER : POLICY EFFECTIVE : POuCY EXPIRATION: : DATE (MM)DD/YY) : DATE (MM/DDNY) LIMITS : GENERAL LIABILITY : GENERAL AGGREGATE S 1,000,000 X : COMMERCIAL GENERAL LIABILITY : : PRODUCTS - COMP/OP AGG { S 1,000,000 :•:::: CLAIMS MADE X :OCCUR : {P02667141 ; 06/01/1999 i 06/01/2000 :.pER..k—. A ..• vI.../uRY ..s 1,000,000 OWNER'S d CONTRACTOR'S PRO7 : EACH OCCURRENCE S 1, OOO , OOO .............................. I FIRE DAMAGE (Any one fire) S 50,000 MED EXP (Any one person) S 5,000 AUTOMOBILE UABIUTY ANY AUTO : COMBINED SINGLE LIMIT $ ALL OWNED AUTOS : BODILYINJURY S SCHEDULED AUTOS pier person) HIRED AUTOS ---------- ; BCIDILYINJURV S ON -OWNED AUTOS :(Per accident) ............................ ............ .........................................: :PROPERTY DAMAGE ? S GARAGE UABILIT/ ...... :AUTO ONLY • EA ACCIDENT' S :..............................:........................... ANY AUTO OTHER THAN AUTO ONLY: .............. EACH ACCIDENT, S .. AGGREGATE:: EXCESS LIABILITY :• . : EACH OCCURRENCE $ ............................... UMBRELLAFORM ,------------- - .- :AGGREGATE S OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND : TORY LIMITS : : 1 : EMPLOYER5LIABIUTY ......................•--•-----.,........................... EL EACH ACCIDENT ; S THE PROPRIETOR! ; INGL PARTNERS/EXECUTIVE= EL DISEASE - POLICY OMIT S :......................... ..................... .......... .• OFF ICERS ARE: : EXCL: EL DISEASE - EA EMPLOYEE ; S OTHER SCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/WECIAL ITEMS rtificate Holder is listed as Additional Insured on the General Liability Coverage, but only with bards to operations at the Insured's Premises. =#• �# ' f f SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ty of 'Tamarac 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, W2N : CITY MANAGER BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 5 N.W. 88 Avenue OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Tamarac, FL 33321 AUTHORIZED REPRESENTATIVE /7 Carey Keyes/KEY8 . �:: ;c:.i �:� �si:i� >:�:�:�: -:�� i� i� � �'�� ��S:�i�.i:� : i.i: �:�:�:�>::� c i� i �> i�:.i .i_i;� i�'i�'i:i�i�:� i� �i�i::�: i�i� �» � c : �:-i s>:i� •'fi •�iCiO . i3i4'CfdN�49•