Loading...
1552 Retreat at Twin Lakes HOA Traffic Enforcement AgmtCITY OF SANFORD AND THE RETREAT AT TWIN LAKES HOMEOWNERS ASSOCIATION, INC. TRAFFIC ENFORCEMENT AGREEMENT This Agreement is made and entered this 1 day of ��,, by and between the CITY OF SANFORD, whose address is 300 N. Park Avenue, Sanford, Florida 32771, (hereinafter referred to as "CITY ") and The Retreat at Twin Lakes Homeowners' Association, Inc., a nonprofit corporation existing under the laws of the State of Florida, whose principle address is 6972 Lake Gloria Boulevard, Orlando, Florida 32890, (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 11Page 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 under which the CITY will provide law enforcement services over the private roads under the 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 21 Page 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 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 31 Page 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 5. 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. 41 Page (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 51 Page 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 Retreat at Twin Lakes Homeowners Association, Inc. 6972 Lake Gloria Blvd Orlando, Florida 32809 (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. 61 Page 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. 71 Page 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. 8 1 Page (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.• Janet Dougherty, City Clerk Approved as to form and legal s CITY OF SANF D, FORIDA Jeff Tripl or Date: ncy. William L. Colbert City 9 ttorn y AT7E P i9 Di Sy: Donald r'en, P esident Date: THE RETREAT AT TWIN LAKES HOMEOWNERS' ASSOCIATION, INC. (� A ',-'o 0, By' ennifer L , Treasurer 91 Page TRAFFIC ENFORCEMENT SURVEY DATE: September 20, 2012 LOCATION: Retreat at Twin Lakes AREA TYPE: Private /Gated Single Family Residential Townhomes Number of Posted Speed Signs: (3) 15 MPH speed limit signs posted Information/Comments: A survey was conducted of The Retreat at Twin Lakes Townhomes subdivision, a private and gated community, at the request of the Home Owner's Association for Sanford Police Department to enforce Florida traffic regulations therein. This survey revealed the following: All Stop Signs are placed at standard height, with stop bars properly marked on the roadway. All Street Signs are placed at standard height. All Speed Limit Signs are placed at standard height. All pedestrian crosswalks are properly marked on the roadway. Recommendations /Actions: (1) There are painted yellow curbs in some areas which appear to be understood as "No Parking" areas, but cannot be enforced without proper signage. Some of these yellow painted areas are around the fire hydrants which Florida State Statute already covers such. (2) The Stop Sign located at Retreat View Circle and Long Oak Way is covered /obscured by tree limbs, and needs to be clearly visible to vehicle traffic in order to be enforced. (3) The Stop Sign located at Long Oak Way and Twin Trees Lane is not visible to vehicle traffic approaching on Twin Trees Lane. A tree blocks its view, and the Stop Sign would need to be moved forward, if not in front of, the tree. * *No Parking signs can be added and placed in areas designated by the HOA. Any additions, enhancements, and changes will be done so at the Homeowner Association's expense. Officer Conducting Survey: Tina M. Leman, Motor Officer Traffic Unit Richard Myers Interim Chief of Police Date Approved Disapproved_ (Forward to Public Works if Approved) f a or rjj�, ik- _.. . 2 4 P r k t4 yr k S i ' F