Deerfield-News.com-Deerfield Beach, Fl-So what exactly is Master Management doing on behalf of Century Village East to coordinate with Deerfield Beach for BSO traffic patrol for the first time in 42 years? Aside from all the upgrades in signage and walkways and conformity with today’s code and roadway regulations. There is the following agreement and pending insurance certificates required from Century Village.
As well there appears to be more signage and other regulatory requirements for compliance that need installation.
CVE Master Management has hired a traffic engineering firm for a final survey and site review- “We have engaged a traffic engineering firm to do a survey and site review for compliance with roadway regulations. Our hope is that they will be able to wrap up their findings in the next 30 days”.
From: Kara Petty <kpetty@deerfield‐beach.com>
Sent: Friday, March 16, 2018 11:33 AM
To: Kelly Hampton <[email protected]>; Tom Good <TGood@deerfield‐beach.com>
Cc: Robert Streather <[email protected]></[email protected]>
Subject: RE: CVE Private Roadways
Good morning
Attached
is the draft agreement for traffic control. The City and Broward Sheriff’s Office will need to
be listed as additionally insured on your general liability insurance in the amount of at least
$1,000,000. I will have to send the policy to our broker to make sure they do not have any additional
concerns.
Please let me know if you have any questions. Have a great weekend!
Kara T. Petty, CPRP
Assistant City Manager
150 NE 2nd Avenue
Deerfield Beach, FL 33441
P: 954.480.4222
F: 954.480.4268
AGREEMENT FOR TRAFFIC CONTROL AND ENFORCEMENT
THIS AGREEMENT is made and entered into in Broward County, Florida, this _____ day of _______________, 2018 by and between the City of Deerfield Beach, a municipal corporation organized and existing under the laws of the State of Florida, which is a municipality located within the boundaries of Broward County, Florida (hereinafter referred to as “CITY”), and _________________________________. a not for profit Florida corporation, located in the City of Deerfield Beach (hereinafter referred to as “ASSOCIATION”). A legal description of the ASSOCIATION and its property is attached hereto as Exhibit “A.”
W I T N E S S E T H:
WHEREAS, the CITY and the ASSOCIATION recognize that the CITY 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 ASSOCIATION owns, controls, or otherwise has authority to contract for services provided herein on the private roads and limited access roads contemplated in this Agreement; and
WHEREAS, the ASSOCIATION wishes to have the CITY exercise jurisdiction for traffic control and enforcement purposes including, but not limited to, the enforcement of traffic regulations promulgated by the CITY, over any private and limited access road(s) owned or controlled by the ASSOCIATION, which is described in attached Exhibit “A,” pursuant to Florida Statute Section 316.006(2)(b); and
WHEREAS, the CITY and the ASSOCIATION have determined that it is mutually beneficial and in the best interest of the public to enter into this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and undertakings of the parties hereto, and other good and valuable considerations, the CITY and the ASSOCIATION covenant and agree, each with the other as follows:
ARTICLE 1
PURPOSE AND INTENT
1.1 The foregoing recitals are hereby ratified and confirmed as true and correct and are incorporated into this Agreement.
1.2 It is the purpose and intent of this Agreement for the CITY to provide for traffic control and enforcement over any private and limited access road(s) owned or controlled by the ASSOCIATION.
ARTICLE 2
GENERAL TERMS AND CONDITIONS
2.1 The ASSOCIATION hereby represents that the ASSOCIATION owns or controls the private and limited access road(s) within the property described in Exhibit “A,” which is attached and incorporated into this Agreement.
2.2 The ASSOCIATION hereby recognizes the jurisdiction of the CITY over all private and limited access road(s) within the property described in Exhibit “A” for traffic control and enforcement purposes.
2.3 The CITY agrees to exercise such jurisdiction for traffic control and enforcement purposes over all private and limited access road(s) within the property described in Exhibit “A.”
2.4 The ASSOCIATION hereby acknowledges that the CITY shall have complete control over the installation, modification and removal of all traffic control devices within the ASSOCIATION’s property described in Exhibit “A”.
2.5 All traffic control devices must meet the standards and guidelines specified in the Manual on Uniform Traffic Control Devices, 23 C.F.R. § 655(F) (1988).
2.6 In the event the ASSOCIATION requests that a traffic control device be modified, placed at or removed from a particular location within the ASSOCIATION’s property, the ASSOCIATION agrees to pay a fee to the CITY for review of such request, which fee shall be set by Resolution of the CITY Commission.
2.7 The ASSOCIATION agrees to pay all costs necessary for traffic control devices as prescribed by the appropriate local governmental authority, as necessary for traffic control and enforcement purposes.
2.8 The ASSOCIATION shall be solely responsible for the maintenance and repair of all private and limited access road(s), and any traffic control devices thereon, within the property described in Exhibit “A”.
2.9 The CITY shall provide for traffic control and enforcement over all private and limited access road(s) owned or controlled by ASSOCIATION, as well as all interior neighborhood roads owned or controlled by ASSOCIATION. This traffic control and enforcement shall include both moving and parking violations under the laws of the State of Florida and the CITY.
2.10 In the event a dispute between the CITY and the ASSOCIATION should arise as to the extent of the duties and functions rendered hereunder, the final determination shall be made by the CITY and be binding upon the ASSOCIATION.
ARTICLE 3
DURATION OF AGREEMENT / TERMINATION
3.1 This Agreement shall commence on the date that it is fully executed by the parties and shall continue in full force and effect for twenty (20) years from such date, with renewable options, unless terminated pursuant to the conditions specified herein.
3.2 Subsequent to the twenty (20) year term, this Agreement shall automatically renew for consecutive one (1) year terms unless either party gives at least sixty (60) days written notice of the non-renewal of this Agreement to the other party.
3.3 This Agreement may be terminated with or without cause by either party upon sixty (60) calendar days written notice to the other parties.
3.4 Either party may immediately terminate this Agreement, in whole or in part, in the event:
- a) the CITY or ASSOCIATION substantially breaches any duty, obligation or service required pursuant to this Agreement, or
- b) the duties, obligations or services required herein become impossible, illegal, or not feasible.
ARTICLE 4
HOLD HARMLESS AND INDEMNIFICATION
ASSOCIATION agrees to hold harmless, indemnify and defend the CITY and its employees, agents, servants and representatives, including any agency or organization and its employees, agents, servants and representatives, that has contracted with the CITY to provide police services for the CITY, which services are understood to include traffic control and enforcement, from any and all suits, claims or judgments of any kind arising out of the CITY 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, omissions or negligence of the ASSOCIATION, its employees, agents, servants, or representatives.
ARTICLE 5
INSURANCE
The ASSOCIATION agrees to name the CITY, and any agency or organization that has contracted with the CITY to provide police services for the CITY, as an additional insured under its general liability policy for all actions arising out of this Agreement. A copy of that policy is attached as Exhibit “B” and incorporated herein. If the ASSOCIATION changes or transfers its policy, a copy of the changed or transferred policy shall be supplied to the CITY.
ARTICLE 6
MISCELLANEOUS
6.1 Merger/Amendment: This Agreement incorporates and includes all prior negotiations, correspondence, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no change, amendment, alteration or modification in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith by all parties to this Agreement.
6.2 Assignment: The respective obligations of the parties set forth in this Agreement shall not be assigned, in whole or in part, without the written consent of the other parties.
6.3 Governing Law and Venue: This Agreement shall be governed, construed and controlled according to the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida.
6.4 Severability: In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective.
6.5 Notices: Whenever a party desires to give notice to the other parties, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt or by an overnight express delivery service addressed to the parties for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. Notice shall be effective upon delivery.
FOR CITY: FOR ASSOCIATION:
Burgess Hanson , President
City Manager
City of Deerfield Beach
150 NE 2nd Avenue
Deerfield Beach, Florida 33441
With a copy to: With a copy to:
City Attorney
City of Deerfield Beach
1200 N. Federal Highway, Suite 312
Boca Raton, FL 33432
6.6 Compliance with Laws: The parties shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing their duties, responsibilities, and obligations pursuant to this Agreement.
- Multiple Originals: This Interlocal Agreement may be fully executed in five (5) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
AGREEMENT FOR TRAFFIC CONTROL AND ENFORCEMENT
IN WITNESS WHEREOF, the parties hereto have caused their respective agents to execute this instrument on their behalf on the dates indicated under their signatures.
CITY OF DEERFIELD BEACH, through its
City Commission
ATTEST:
By:__________________________________
Bill Ganz, Mayor
_____________________________ _____ day of _____________, 2018
Samantha Gillyard, City Clerk
Approved as to form and legal sufficiency
for the use of and reliance by the City of
Deerfield Beach only:
By: _________________________ (CITY SEAL)
Andrew Maurodis, City Attorney
_____ day of __________, 2018
ASSOCIATION:
ATTEST:
By:_____________________________
President
By: __________________________
Corporate Secretary Print Name:
Print Name:____________________
Dated:
Dated: _______________________
(CORPORATE SEAL)
