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HomeMy WebLinkAboutHowell Creek Reserve Community Association, Inc.-Private Subdivision Traffic Enforcement Agreement -2009 09 24PRIVATE SUBDIVISION TRAFFIC ENFORCEMENT AGREEMENT This Private Subdivision Tra fic Enforcement Agreement ("Agreement") is made and entered into this~_ day of ~ ~~,,.,~iv , 20 0~, by and between the City of Winter Springs, Florida, a Florida municipal corporation ("City's and ~' a Florida not-for-profit corporation ("Association"). C~'~r-dN I !A~'lnN~ ~•~ WITNESSETH: WHEREAS, the Association is a community or homeowner's association of a subdivision located within the City of Winter Springs, Florida; and WHEREAS, the Association desires to enter into an agreement with the City so that the City of Winter Springs Police Department ("Police Department") can enforce traffic regulations on the private roads owned by the Association; and WHEREAS, the Police Department is already- engaging in periodic patrols of the Association's roads and the Association would like to grant the City the authority to enforce traffic regulations on such roads; and WHEREAS, Section 316.006(2)(b), Florida Statutes, permits the City to enforce traffic regulations on private roads not accessible to the public pursuant to a written agreement, approved by the City Commission, with the entity in control of such roads; and WHEREAS, the Association owns and exercises control over the private roads located within the subdivision; and WHEREAS, the City Commission determines that this Agreement benefits the public and is in furtherance of a public purpose. NOW THEREFORE, in consideration of the mutual promises set forth hereunder, and other good and valuable consideration, which the parties acknowledge have been exchanged, the parties agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein as a material part of this Agreement. Section 2. Representations of Association. The Association hereby makes the following representations and warranties to the City: City of Winter Springs Private Subdivision Traffic Enforcement Agreement Page 1 of 6 2.1. The Association is duly organized under and in good standing with the laws of Florida and is authorized to enter into this Agreement on behalf of the subdivision as to the area described in Exhibit "A", which shall be incorporated herein as part of this Agreement. 2.2. The Association owns and controls the private roadways in the area described in Exhibit "A" ("Roadways"). Section 3. Jurisdiction. The City hereby agrees to exercise jurisdiction for traffic enforcement purposes over the Roadways. 3.1 The Police Department shall continue to perform periodic patrols of the Roadways and shall commence enforcement of traffic regulations on said Roadways as of the date of execution of this agreement by the City. 3.2 The level of service provided to the Association under this Agreement shall be within the City's sole and absolute discretion, and based upon available personnel and equipment, and the level of service provided by the City to similarly situated residential subdivisions located within the City. The planning, scheduling, organization, direction, and supervision of Police Department personnel in all matters incidental to the delivery of traffic control or enforcement shall be solely determined by and at the discretion of the Police Department. 3.3 The Association agrees that this Agreement is being made for the Police Department to provide enforcement of traffic regulations at the same level of service provided to other similarly situated residential subdivisions. The Association agrees that for additional or special services requested by the Association, the Association and City shall be required to enter into a separate agreement and any charge for the special services will be on acase-by-case basis, depending on the time, manner and number of officers required to perform the additional services. 3.4 The exercise of traffic enforcement jurisdiction provided for herein shall be in additional to the general law enforcement authority presently exercised by the City, and nothing in this Agreement shall be construed to limit such authority. Similarly, nothing herein shall be construed to obligate City in any way beyond said traffic control and enforcement. Section 4: Compensation. Section 316.006, Florida Statutes, provides the City the right to charge the Association for the actual costs incurred by the City in providing the services set forth in this Agreement. Notwithstanding that right, the City has agreed, in furtherance of the public purpose expressed herein, not to charge the Association for the services the City is performing pursuant to this Agreement during the tenor of this Agreement; provided, however, that the City may require payment of such costs in any future agreements, extensions to the current Agreement, or modifications of the current Agreement. City of Winter Springs Private Subdivision Traffic Enforcement Agreement Page 2 of 6 Section 5. Term: Termination. This Agreement shall remain in effect until termination. This Agreement may be terminated by either party, without cause or liability, upon thirty (30) days written notice to the other party. Section 6. Limited Scone. This Agreement shall be limited to enforcement of traffic regulations. Nothing in this Agreement shall be construed to impose any duty or obligation on the part of the City to enforce private matters, including, but not limited to, private deed restrictions. Section 7. Road Maintenance. Neither the existence of this Agreement nor anything contained herein shall impose any obligation or duty upon the City to provide maintenance onand/or drainage of the Roadways. The maintenance, repair and construction or reconstruction of all Roadways, drainage and signage within the subdivision shall at all times be solely and exclusively the responsibility of Association. Section S. Access. The Association shall ensure that the City has access to the subdivision controlled by the Association at all times in order to carry out it's obligations under this Agreement. Section 9. Signa~e• The Association shall have the sole responsibility for traffic sign installation, repairs, maintenance and adequacy along the Roadways. All signage must be installed and maintained by the Association in compliance with the Manual on Uniform Traffic Control Devices (MUTCD), and applicable Florida Statutes. Section 10. Aunlicable Law: Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the Winter Springs Code. The parties agree that venue shall be exclusively within Seminole County, Florida, for all state disputes or actions that arise out of or are based upon this Agreement, and in Orlando, Florida, for all such federal disputes or actions. Section 11. Amendments. This Agreement shall not be modified or amended except by written agreement executed by all parties hereto and approved by the City Commission. Section 12. Entire Agreement: Headings. This Agreement contains the entire agreement between the parties as to the subject matter hereof. The Agreement may only bind the City if approved by the City Commission. Paragraph headings are for convenience of the parties only and are not to be construed as part of this Agreement. All references to whole paragraph numbers (e.g. 2) shall include all subparagraphs thereunder (e.g., 2.1). Section 13. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the City shall have the unconditional right to either terminate this Agreement, modify this Agreement with the Association's consent, or remain in the Agreement as modified by the court. City of Winter Springs Private Subdivision Traffic Enforcement Agreement Page 3 of 6 Section 14. Not Agents or Emulovees. This Agreement shall not be construed to constitute that the City or the Police Department, or any of their respective agents, deputies, employees, officers, or representatives are agents or employees of Association. Likewise, this Agreement shall not be construed to constitute that the Association, or any of its agents, employees, officers or representatives are agents or employees of the City or the Police Department. Section 15. Assignment. This Agreement shall not be assigned, or other responsibilities herein transferred, delegated, or conveyed in any manner, without the express written consent of the City. Section 16. Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained herein shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on either City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000). This paragraph shall survive termination of this Agreement. Section 17. Indemnification. To the fullest extentpermitted by law, the Association shall indemnify, defend, and hold harmless the City and the Police Department and all of their respective officers, deputies, agents, attorneys, representatives, and employees, from any claim, loss, damage, cost, charge, personal injury (including death) or expense, including attorney's fees and costs, arising out of any challenge to the City's exercise of the traffic enforcement jurisdiction granted to the City hereunder, and any acts or omissions of the Association and its officers, employees, members, agents and invitees. Section 18. Notice. All notices and correspondence in connection with this Agreement must be in writing. Notice and correspondence shall be sent by fast class mail or hand delivered at the addresses set forth below or at such other addresses as the parties hereto shall designate to each other in writing. (a) If to the City: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708-2799 407-327-5976 (Phone) 407-327-6695 (Fax) City of Winter Springs Private Subdivision Traffic Enforcement Agreement Page 4 of 6 (b) If to Association: c.~ ~t/ NSE N I _ w~NZ S~PRiNGS, FL ~ ~0 B ~Q'~~- SN70(Phone) Section 19. Waiver. Any forbearance by the City in exercising any right or remedy under this Agreement shall not constitute a waiver of or preclude the exercise of any right or remedy. Section 20. Attorneys Fees. The prevailing party in any litigation arising under this Agreement shall be entitled to recover its reasonable attorneys' and paralegal fees and costs, whether incurred at trial or appeal. Section 21. Third-Party Rights. This Agreement isnot athird-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. WIT ES: THE ASSOCIATION e// ~ ~ ~ r~ Print y ~~ Name City of Winter Springs Private Subdivision Traffic Enforcement Agreement Page 5 of 6 STATE OF FLO DA COUNTY OF ~ The fore oing instrument was acknowledged before me this ~ ~ day of 20 D by P ,p ~ e h s en who executed the foregoing instrument and ac ledged before me that he executed the same for the uses and purposes therein expressed and who _is~~~~,onally known to me or ^ who has produced ___ as did not take an oath. c.rl.'~L'L(~.~W /~ A-tL~ ~ 0 ~ ,oUi L~- Print Name Print Name STATE OF FLORIDA COUNTY OF SEMINOLE Notary Public Signature X01/e ff-L L . C'a ,~ Typed or Printed Notary Name CITY OF WIl~TTER SPRINGS, a Florida Municipal C rporation: 13y: Kepi L. St The foregoing instrument was acknowledged before me this ~ day of _ 20 D~, by Kevin L. Smith, City Manager of Winter Sprin ,Florida, who is personally known to me. (NOTARY SEAL) tary Public Signature ~r o~~ Notary Public State of Florida Typed or Prin Q ~18C#'1Cummission DD768663 o,,~o° Expires 0 311 812 01 2 City of Winter Springs Private Subdivision Traffic Enforcement Agreement Page 6 of 6