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Home My WebLink AboutWicklow Greens Traffic Enforcement Agreement 2013 03 08 PRIVATE SUBDIVISION TRAFFIC ENFORCEMENT AGREEMENT This Private Subdivision Traffic Enforcement Agreement ("AgreemenY') is made and i entered into this L`� day of �� , 20�, by and between the City of Winter � Springs,Florida,a Florida municipal corporation("City")and �I C��.Q.tZ.�!.�`�,�CIEL"J f��1�; a Florida not-for-profit coiporation("Association"). (,�t"��I,'�f1,1,��,- ,��G�f�)�'��nC. 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 Ciry of Winter Springs Police Department("Police Department") can enforce traffic regulations on the private roads owned by the Association; and WHEREA5, the Police Department is already engaging in periodic pat�ols of the Association's roads and the Association would like to grant the City the authoiYty to enforce traffic regulations on such roads; and WHEREAS, Section 316.006(2)(b), Florida Statutes, permits the City to enforce traffic regularions 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 conect and are hereby incorporated herein as a material part of this Agreement. Section 2. Renresentations of Association. The Association hereby makes the following represen�ations and warranties to the City: City of Winter Springs Private Subdivision Traffic Enfarcement Agreement Page 1 of 6 I I 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 cont�ols the private roadways in the area described in Exhibit "A" ("Roadways"). Section 3. Turisdiction. The City hereby agrees to exercise jurisdiction for traffic enforcement purposes over the Roadways. 3.1 The Police Department shall continue to pei�orm periodic patrols of the Roadways and shall commence enforcernent of�-af�c 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 t�affic control or enforcement shall be solely deterxnined 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 I 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 perfoim 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 31b.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 pei�orming pursuant to this Agreement during the term of this Agreement;provided,however,that the City may requue payment of such costs in any future agreements, extensions to the current Agreement, or modifications of the cunent Agreement. City of Winter Springs Private Subdivision Traff'ic Enforcement Agreement Page 2 of 6 , 5ection 5. Term; Termination. This Agreement shall remain in effect until ternunation. This Agreement may be teiminated by either pairty,without cause or liability,upon thirty(30)days written notice to the other pu-ty. Section 6. Limited Scope. This Agreement shall be lixnited to enforcement of traff'ic regulations. Nothing in this Agreement shall be constiued to impose any duty or obligation on the pa��t of the Ciry to enforce private matters,including,but not limited to,private deed rest�ictions. 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 on and/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 8. Access. The Association shall ensure that the City has access to the subdivision controlled by the Association at all times in order to cariy out it's obligations under this Agreement. 5ection 9. Si�na�e. The Association shall have the sole responsibiliry for traffic sign installation,repaus,maintenance and adequacy along the Roadways. All signage must be installed and maintained by the Association in compliance with the Manual on Uniform Traffic Cont�•ol Devices (MiJTCD), and applicable Florida Statutes. Section 10. Apnlicable 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 A�reement;Headin�s. This Agreement contains the entu-e 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 const�ued as part of this Agreement. All references to whole paragaph 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 ternunate 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 Sect�on 24. Not A�ents or EmploYees. T�.zs Agreement shall not be construed to constitute that the City or the Police Department, or any of their respective agents, deputies, erriployees, officers, or representatives are agents or emplayees of Association. Likewise, t11is Agreement shall not be const�-ued to constitute that the Association,or any of its agents,employees, officers or representatives are agents ax emplayees af the City or the Folice Department. Section 15. Assi�nment. This Agreement shall nat be assigz�ed,ar other respansibilities herein transfei�red,delegated,or conve�red in any manner,withaut the express written cansent af the City. Section 16. Saverei�n Immunity. Notwithstanding any atherprovision set fozth in this A�,n�eement,nathing contained herein shall be const�ved as a waiver of the Ciry's right to sovereign irrununity undex section 768.2$, Flarida Stat�ztes, or other limitations imposed on eiCher City's patential liability under state ax fedexal law. As such, the City shall nat be liable under this Agreement for punitive damages or interest for the pea•iod before judgment. Further,the City shall not be liable for any claim or judgment, or portian thereof, ta any ane person for mare than one hundred tha�sand dalla.rs ($100,000}, or any claim ar judgment, or po��tio�n thereof, w�Zich, when totaled with al.l other claims or judgments paid by the State or its agencies and subdivisians arising out�f the same incident ar occurrence,exceeds the sum of two hundred thousand dollars($20Q,040}. This paragraph shall survive termination of this Agreement. Section 17. Indemnification. To the fullest extent pex�rnitted by law,the Association shall indemnify,defend,and hold hu�nless the City and the Police Degartment and all of their respective officers,deputies,agents, attorneys,representatives,and emplayees,from any claim,loss,darnage, 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 t�affic enforcernent jurisdiction granted to the City hereunder,and any acts ar amissions af the Association and its afficers,employees,members,agents and invitees. Section 18. Notiee. All notices and coixespondence an connection with this Agreement must be zn writing. I`vrotice and correspandence shall be sent by fu•st class mail or hand delivered at the addresses set forth belaw or at such othel•addresses as the parties hereto shail designate ta each otk�er in writing. (a) If to the City: City Manager City af Winter Springs 1126 East State Road 434 Winter Springs,FL 32'708-2799 407-327-5957 (Phone) 407-327-668b (Fax) City of Winter Springs Private Subdivision Traffic Enforcement Agreement Page 4 af b i (b) to Associati� �..��4.�. Ct� ��.�.�,,�- lslr i��s F �� d�,� y3� 5�..� �na� ,r� �✓' .� /inCS Ft. �Z��c'i `��-�av�3 (� �a��7 -_`'j?�-��ax} Section 19. Waiver. Any forbearance by the City in exercising any right or remedy under this Agreemen�t shall not canstitute a waiver of or preclude the exercise af any l�ght ar�emedy. Sectian 20. Attorneys Fees. The prevailing party in any litigation arising under this Agreement sha1l be entitled to recover its reasonable attox�neys' and paralegal fees and costs,whether inculred at t�ial or appeal. Section 21. Third-Party Ri�hts. This Agreement is not a third-pai•ty beneficiary contract and shall not in any way whatsoever create any rig�ts on behalf of any third party. IN WITNESS WHEREOF, the pa�ties have executed this Agreement as of the date�rst wiitten abave. WITNESSES. THE � StJCIATION ��,��-�� By: " , _ ,"�?� �Ct�'�-/ �� . Print Name�— � li,l�� ,�� v rS-�-- Print Name City of Winter Springs Private Subdivision Traffic Enforcernent Agreement Page 5 of 6 ! ! STATE OF FL4RTI}A COUNTY OF_S�,11'1 I (�O I� , �� The foregoing instrument was acknowledged befare me this�day of�,�Q�i�, �a�, �y �� ,�� , who executed the foregoing instrtzment and acknowledged before me that he executed the same for the uses and puzposes therein expressed and �who is �ersonally known ta rr�e ar CI who has praduced �� identification and wha did not tal�e an oath. . ' � 2� �f �r�L�l�� '�`� � �� Notary Public 'gnature �"= MY COMM1331QN#EE219400 �.,` .~ E)(PiRES.hdy 26,20f 8 ' �j� —'y) +,4it►y7�Otss ,oam �� `��, yped or Printed Notary Name . � �� l� CITY OF WINT�R SPRINGS, a Florida Municipal C rationt Print Nam � By: ,�-� .�____ in L. Sm h �� Print Name � STATE OF FL()RIDA COUNTY OF S�MINOLE The faregoing instrument was acknowledged before me this �day of ��C� , 20�,by Kevin L.Smith,City Managex of Winter Springs,Floi�ida,who is personally known tc�me. (N .Y.S�i .�...�. _`�JVO��M�.� �I t l �'V�/tiilf"" l— y��".,, DAAlIEILE M.HARKER �•*• Notar Public Si nature '�,-� � MY Ct7MMiSS14N#EE 062248 Y � :�;�P; EXPIRES:Apri115,2075 \ /} in f `,a A /� /7 /��/p�/ ��Pf,�� Bor�ded Thru Nc�y Puak Unde�lers V(.1 V l I � l, 1 V �'v l � �W(/ lL.C-�l' Typed or Printed Notary Name City of Winter Springs Private Subdivision Tra�c Enfarcement Agreement Page 6 of 6