1471 Venetian Bay Property Asso Traffic EnforcementIM
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POLICE DEPT.:;
TRANSMITTAL MEMORANDUM
TO: City Clerk
RE: Request for Services
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
Development Order ❑ Mayor's signature
Final Plat (original mylars) ❑ Recording
Letter of Credit Rendering P d W ❑ Maintenance Bond Safe keeping (Vault)
Ordinance El
Performance Bond
Resolution
❑
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
Venetian Bay Property Association, Inc. Traffic Enforcement - Aereement entered into
12/22/2011.
Please advise if you have any questions regarding the above.
Thank you!
Ol 0L
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TADept_ forms \City Clerk Transmittal Memo - 2009.doc
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CITY OF SANFORD AND VENETIAN BAY PROPERTY ASSOCIATION, INC.
TRAFFIC ENFORCEMENT AGREEMENT
This Agreement is made and entered this I-'s day of 'mac , 2011, by
and between the CITY OF SANFORD, whose address is 300 N. Park Avenue, Sanford,
Florida 32771, (hereinafter referred to as "CITY ") and the Venetian Bay Property
Association, Inc. a nonprofit corporation existing under the laws of the State of Florida,
whose principle address is 2180 W. State Road 434 suite 5000, Longwood, FI 32779,
(hereinafter referred to as the "HOA" ).
WITNESSETH:
Whereas, the CITY may exercise jurisdiction over any private road or roads located
in the incorporated area under written agreement as authorized by Section 316.006(3)(b),
Florida Statutes; and
Whereas, the CITY is empowered to enforce the State Uniform Traffic Control
provisions in the City of Sanford, Seminole County under Section 316.006(2), Florida
Statutes; and
Whereas, the Attorney General of the State of Florida in Opinion Number 2009 -16,
dated April 23, 2009, and issued to Joel D. Cantor, Office of General Counsel, City of
Hollywood, concluded that:
"A municipality may exercise jurisdiction over any private road or roads, or
over any limited access road or roads owned or controlled by a special
district, located within its boundaries if the municipality and party or parties
owning or controlling such road or roads provide, by written agreement
approved by the governing body of the municipality, for municipal traffic
control jurisdiction over the road or roads encompassed by such agreement."
; and
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Whereas, the City Commission of the CITY is committed to accomplish all that it
reasonably can do within the lawful powers vested in the CITY to provide safety and
security to the citizens of the CITY; and
Whereas, the CITY and the HOA, in the interest of the public's health, safety,
morals and welfare, desire to establish terms and conditions for the assumption of
jurisdiction and enforcement of the State Uniform Traffic Control provisions on the private
roads owned and controlled by the HOA; and
Whereas, this Agreement is authorized pursuant to the provisions of Chapters 166
and 316, Florida Statutes, as well as other applicable law.
Now, Therefore, in consideration of the mutual understandings and agreements set
forth herein, the CITY and the HOA agree as follows:
Section 1. Purpose.
The purpose of this Agreement is to establish the terms and conditions underwhich
the CITY will provide law enforcement services overthe private roads underthe ownership
and control of the HOA. The exercise of jurisdiction provided for herein shall be in addition
to jurisdictional authority presently exercised by CITY under controlling law, and nothing in
this Agreement shall be construed to limit or remove any such jurisdictional authority from
the CITY. Such jurisdiction includes regulation of access to such roads by security devices
or personnel of the HOA.
Section 2. Term.
This Agreement shall become effective upon execution by all parties, and shall run
through December 31 in the next calendar year and shall automatically be renewed
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thereafter for successive one (1) year periods, unless earlier terminated as provided
herein.
Section 3. Private Roads.
The private roads which are the subject of this Agreement and which are under the
ownership and control of the HOA are those roads as identified on the attached Exhibit "A ",
which is incorporated by reference into this Agreement. The board of directors of the HOA
has, by majority vote, elected to have State traffic laws enforced by the CITY on the private
roads that are controlled by the HOA.
Section 4. City's Responsibilities.
(a). The CITY shall conduct routine patrol activities within the area identified on the
attached Exhibit "A" and enforce the State Uniform Traffic Control provisions over, the
private roads under the ownership and control of the HOA as part of the CITY's routine
patrol activities. Routine patrol activities is described as such normative and routine patrol
activities that the CITY may provide to areas with the City Limits of the CITY which are
accessed by roads that are fully open to the public, such activities being within the absolute
discretion of the CITY.
(b). The CITY shall be solely responsible for the level of activities and the means
and methods of enforcement including, but not limited to, the scheduling of patrols and the
use of radar or other methods of enforcement.
(c). This Agreement may be amended to provide for the installation of multiparty
stop signs by the HOA if a determination is made by the parties that the signage will
enhance traffic safety. Multiparty stop signs must conform to the Manual of Uniform Traffic
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Control Devices and specifications of the Florida Department of Transportation; provided,
however, that the minimum traffic volumes may not be required for the installation of such
signage. Enforcement for the signs shall be as provided in Sections 316.006 and 316.123,
Florida Statutes.
(d). The HOA and the CITY may agree, and amend this Agreement, to have the
CITY provide law enforcement services for the HOA relative to the private roads in addition
to the routine patrols that are established in this Agreement. Provision for reimbursement
for the actual costs of traffic control and enforcement and for liability insurance and
indemnification, and such other terms as are mutually agreeable shall be included in any
amendment to this Agreement. The rates charged for services shall ensure that there are
not costs to the CITY for the provision of such services. The rates shall be as charged by
the CITY for off duty officers relative to other activities for which such services are
procured.
Section S. Indemnification.
(a). The HOA shall, at all times hereafter, indemnify, hold harmless and defend the
CITY and its commissioners, officers, agents, servants and employees, individually and
collectively, from and against any damages, losses and causes of action arising out of any
and all errors, omissions, defaults, or negligent acts of the HOA, its officers, directors,
agents, servants or employees in the performance of its duties and obligations under this
Agreement and the services provided by the CITY pursuant to this Agreement unless such
liability arises from the sole negligence of the CITY and provided that the agent or
employee of the CITY is acting within the scope of their agency or employment.
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(b). For purpose of liability, the CITY is protected by sovereign immunity in
accordance with the controlling provisions of State law. This Agreement shall not
constitute a waiver of immunity by the CITY nor the CITY's consent to such waiver thereof
as to any matter to which such immunity would apply, except to the limited extent set forth
in Section 768.28, Florida Statutes.
Section 6. Termination.
This Agreement may be terminated by any party at any time, with or without cause,
upon not less than thirty (30) days' written notice delivered to the other party, or
immediately, at the option of the CITY, in the event any of the terms, covenants or
conditions of this Agreement have been violated.
Section 7. Assignments.
None of the parties shall assign this Agreement, or any interest arising herein,
without the written consent of this other party.
Section 8. Independent Contractor.
The relationship of the HOA to the CITY is that of independent contractor and not
that of employee. No statement contained in this Agreement shall be construed so as to
find the HOA an employee of the CITY, and the HOA shall be entitled to none of the rights,
privileges or benefits of CITY employees.
Section 9. Employee Status.
Persons employed by the HOA in the performance of services and functions
pursuant to this Agreement shall have no claim to pension, workers' compensation,
unemployment compensation, civil service or other employee rights or privileges granted to
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the CITY's officers and employees either by operation of law or by the CITY.
Section 10. Notices.
(a). Whenever any one of the parties desires to give notice unto the others, notice
may be sent to:
For The City:
City of Sanford Police Chief
C/O City Manager's Office
City Hall
300 N. Park Avenue
Sanford, Florida 32771
For The HOA:
The Venetian Bay Property Association, Inc.
2180 West State Road 434 suite 5000
Sanford, Florida 32771
(b). Any of the parties may change, by written notice as provided herein, its address
or persons for receipt of notices; provided, however, that a -mails shall not be a permitted
method of notice.
Section 11. Public Records Law.
The parties acknowledge the obligations under Chapter 119, Florida Statutes, and
Article I, Section 24 of the Constitution of the State of Florida to release public records to
members of the public upon request. The parties acknowledge that the CITY is required to
comply with the above - referenced controlling law in the handling of the materials created
under this Agreement and that said law controls over the terms of this Agreement to the
extent of any conflict.
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Section 12. Conflict Of Interest.
(a). The HOA agrees that it will not engage in any action that would create a
conflict of interest in the performance of its obligations pursuant to this Agreement with the
CITY or which would violate or cause others to violate the provisions of Part III, Chapter
112, Florida Statutes, relating to ethics in government.
(b). The HOA shall have the continuing duty to report to the CITY any information
that indicates a possible violation of this Section.
Section 13. Waiver.
The failure of the CITY to insist in any instance upon the strict performance of any
provision of this Agreement, or to exercise any right or privilege granted to the CITY
hereunder shall not constitute or be construed as a waiver of any such provision or right
and the same shall continue in force.
Section 14. No General City Obligation.
In no event shall any obligation of the CITY under this Agreement be or constitute a
general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of
the CITY or a general obligation or indebtedness of the CITY within the meaning of the
Constitution of the State of Florida or any other applicable laws, but shall be payable solely
from legally available revenues and funds.
Section 15. Exhibit.
The Exhibit referred to and attached to this Agreement is an essential part of this
Agreement and shall be treated as it is a part of this Agreement.
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Section 16. Captions.
The Section headings and captions of this Agreement are for convenience and
reference only and in no way define, limit, describe the scope or intent of this Agreement or
any part thereof, or in any way affect this Agreement or construe any provision of this
Agreement.
Section 17. Severability /Construction.
(a). If any term, provision or condition contained in this Agreement shall, to any
extent, be held invalid or unenforceable, the remainder of this Agreement, or the
application of such term, provision or condition to persons or circumstances other than
those in respect of which it is invalid or unenforceable, shall not be affected thereby, and
each term, provision and condition of this Agreement shall be valid and enforceable to the
fullest extent permitted by law when consistent with equity and the public interest.
(b). All provisions of this Agreement shall be read and applied in para materia
with all other provisions hereof.
Section 18. Counterparts.
This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original, but all of which, taken together, shall constitute one and the
same document.
Section 19. Entire Agreement.
(a). It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof.
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(b). Any alterations, amendments, deletions, or waivers of the provision of this
Agreement shall be valid only when expressed in writing and duly signed by all of
the parties.
In Witness Whereof, the parties have executed this Agreement on the dates
indicated below.
ATTEST.
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Approved as to form and legal sufficiency.
am L. Colbert City-Attdjh6y6wy-,—
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ATTEST: o0CA
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Bill R. Leo. Jr. /Ohief of Police
THE VENEWIAN BAY PROPERTY
ASSOCIATION, INC.
Ty: Aldrena Buggs, den
Board of Directors
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CITY OF SANFORD, FORIDA
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DATE: 07/06/2011
TRAFFIC ENFORCEMENT SURVEY
LOCATION: Venetian Bay Subdivision
AREA TYPE: Private/Gated Single Family Residential
Number of Posted Speed Signs: 5
*(0) Speed Limit signs posted.
*(4) No Parking signs posted along the frontage of the retention ponds.
*(1) Stop Sign located on southbound Monroe View Trail @ Venetian Bay Circle.
Average Speed of Vehicles: 20 -25 Time of Survey 1200 -1335
Method of Clock: Radar Laser Visual X
Information/Comments
*Roadway measured to be approximately 24'.
*Existing "NO PARKING' signs are properly posted.
*Approximately 2 vehicles observed.
Recommendation/Action
*Place a 20 MPH Speed Limit sign inside the front entrance of the community. Below
the speed limit sign should have another sign that states, "Throughout Community ". This
will apply the 20 MPH speed limit to the entire subdivision.
*Paint a solid white stop bar for the Stop Sign for increased visibility.
*Post no parking signs along the curved portions of roadway. Parking should not be
allowed along curves because it will be too difficult for traffic to navigate safely.
Officer Conducting Survey: Officer Jonathan Hall #112
Survey Case #
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BilrR. Jr.
Chief o olice
Date 4to Approved V Disapproved
(Forward Public Works if Approved)
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