HomeMy WebLinkAbout2009 06 22 Regular 602 Private Subdivision Traffic Enforcement AgreementCOMMISSION AGENDA
Consent
ITEM 602 I Informational
Public Hearing
June 22, 2009
Meeting
REQUEST:
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The City Attorney requests that the City Commission consider approval of a standard Private
Subdivision Traffic Enforcement Agreement, and to authorize the City Manager to execute on a
case-by-case basis.
PURPOSE:
This Agenda Iteri is being presented so that the City Commission may consider approval of a
standard agreement to provide traffic enforcement within private subdivisions upon their request.
APPLICABLE LAW AND PUBLIC POLICY:
Section 316.006(2)(b), Florida Statutes
CONSIDERATIONS:
1. The City Manager and Police Chief requested that the City Attorney prepare a standard private
subdivision traffic enforcement agreement.
2. The attached agreement would be used to allow the Police Department to provide traffic
enforcement on private roads within subdivisions. Florida law grants local governments the
authority to enforce traffic regulations in private subdivisions only when the private subdivision has
entered into an agreement with the local government pursuant to section 316.006(2)(b), Florida
Statutes.
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3. The Police Chief has determined that the proposed agreement benefits the public and is in
furtherance of a public purpose.
4. If approved, this Agreement will be used as a standard form, and the City Manager shall be
authorized to execute the Agreement on a case-by-case basis.
ATTACHMENT:
Private Subdivision Traffic Enforcement Agreement
RECOMMENDATION:
The City Attorney and Police Chief recommend approval of the Agreement if the City Commission
desires that the Police Department enforce traffic regulations within private gated subdivisions.
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PRIVATE SUBDIVISION TRAFFIC
ENFORCEMENT AGREEMENT
This Private Subdivision Traffic Enforcement Agreement ("Agreement") is made and
entered into this day of , 20_, by and between the City of Winter
Springs, Florida, a Florida municipal corporation ("City") and , a Florida not-
for-profit corporation ("Association").
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 pri~-ate 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 deternlines 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
deternlined 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 a case-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 weed, 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 term 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
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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 Scope. 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 constriction or reconstruction of all
Roadways, drainage and signage within the subdivision shall at all times be solely and exclusively
the responsibility of Association.
Section 8. 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. Signage. 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. Applicable 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 al] 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 Employees. 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 lE. 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 (5100,000), 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 (5200,000).
This paragraph shall survive termination of this Agreement.
Section 17. Indemnification. To the fullest extent permitted 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 first 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
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(b) If to Association:
(Phone)
_-_- (Fax)
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 is not 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.
WITNESSES:
THE ASSOCIATION
By:
Print Name
Print Name
Ciry of Winter Springs
Private Subdivision Traffic Enforcement Agreement
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STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
?~ by who executed the foregoing instrument and
acknowledged before me that he executed the same for the uses and purposes therein expressed and
^ who is personally known to me or ^ who has produced as
identification and who did not take an oath.
(NOTARY SEAL)
Notary Public Signature
Typed or Printed Notary Name
CITY OF WINTER SPRINGS,
a Florida Municipal Corporation:
sy:
Kevin L. Smith
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of ,
20_, by Kevin L. Smith, City Manager of Winter Springs, Florida, who is personally known to me.
(NOTARY SEAL)
Notary Public Signature
Typed or Printed Notary Name
City of Winter Springs
Private Subdivision Traffic Enforcement Agreement
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