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1194 Greystone Townhms Traff Enf AgrmtCITY OF SANFORD, SANFORD POLICE DEPARTMENT AND GREYSTONE TOWN HOMES OWNERS' ASSOCIATION, INC TRAFFIC CONTROL AND TRAFFIC ENFORCEMENT AGREEMENT THIS AGREEMENT is made and entered this 1 A day of Z ! 2007, by and between the CITY OF SANFORD, a political subdivision of the State of Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to U as "CITY ", the SANFORD POLICE DEPARTMENT, a Charter Department of the City of Sanford, whose address is 815 South French Avenue, Sanford, Florida 32771, hereinafter referred to as "DEPARTMENT ", and GREYSTONE TOWN HOMES OWNERS' ASSOCIATION, INC., whose address is 5151 Adanson Street, Suite 103, Orlando, Florida 32804, hereinafter referred to as "ASSOCIATION ". WITNESSETH: WHEREAS, the CITY may exercise jurisdiction over any private road or roads located in the incorporated area of the CITY under written agreement as authorized by Section 316.006(2)(b) et seq., Florida Statutes; and WHEREAS, the DEPARTMENT and the ASSOCIATION, in the interest of the public's health, safety 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 ASSOCIATION. NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the CITY, the DEPARTMENT, and the ASSOCIATION agree as follows: Page 1 of 13 SECTION 1. PURPOSE. The purpose of this Agreement is to establish the terms and conditions under which the CITY will assume jurisdiction and the DEPARTMENT will provide State Uniform Traffic Control enforcement over the private roads under the ownership and control of the ASSOCIATION within Greystone Town Subdivision. SECTION 2. TERM. This Agreement shall become effective upon execution by all parties, and shall continue until terminated by any party in accordance with Section 9 hereof. SECTION 3. PRIVATE ROADS. The CITY shall assume jurisdiction over and the DEPARTMENT shall enforce the State Uniform Traffic Control provisions over the private roads under the ownership and control of the ASSOCIATION as identified on the attached Exhibit A which is incorporated by reference into this Agreement. SECTION 4. TRAFFIC ENFORCEMENT. (a) The DEPARTMENT shall be solely responsible for traffic control and enforcement of the State Uniform Control provisions of Chapter 316, Florida Statutes, on the private roads identified on the attached Exhibit A within Greystone Town Subdivision. (b) The DEPARTMENT shall be solely responsible for the means and methods of enforcement including the scheduling of patrols, assignment of personnel, the use of radar and all other methods of enforcement. The ASSOCIATION may provide input relating to the desired scheduling time of patrols, all subject to the DEPARTMENT'S sole determinations as to time and frequency of patrols and the use of radar equipment and all other methods of enforcement. Page 2 of 13 SECTION 5. COMPENSATION. (a) The ASSOCIATION shall reimburse the officer and DEPARTMENT for all actual costs relating to the DEPARTMENT from the provision of such traffic enforcement service over the private roads as are contemplated hereunder. During the initial term of this Agreement, the ASSOCIATION shall pay the sum of THIRTY DOLLARS ($30.00) per hour as compensation as follows: (1) TWENTY FIVE DOLLARS ($25.00) per officer hour as compensation for traffic control and enforcement services at the site, paid directly to the officer. (2) FIVE DOLLARS ($5.00) per officer hour as payment for administrative costs of the Department for services performed hereunder, paid to the DEPARTMENT. Further, it is understood by and between the parties, that officer compensation shall be subject to a four (4) hour minimum charge of ONE HUNDRED TWENTY DOLLARS ($120.00) per officer (i.e. each officer appearing at the site and working less than four (4) hours will receive the minimum charge of ONE HUNDRED TWENTY DOLLARS ($120.00) for services rendered at the site. (b) The actual cost for traffic control, signage, and signage services, if any, provided by CITY and the actual cost for provision of traffic enforcement services provided by the DEPARTMENT shall be adjusted by written amendment to this Agreement to accurately reflect the actual costs contemplated by this Agreement and 316.066(2)(1). If the actual costs are increased, the CITY and DEPARTMENT shall provide written notice of the increased rates with full explanation. Page 3 of 13 SECTION 6. PAYMENT AND BILLING. (a) DEPARTMENT shall render to the ASSOCIATION, no laterthan at the close of each calendar month as services have been rendered pursuant to Section 5(a) hereof, an itemized invoice describing the traffic control and enforcement services and administration services rendered, the cost of such services and any other information required by this Agreement. (b) CITY shall render to the ASSOCIATION, at the close of each calendar month if any services have been rendered pursuant to Section 5(b) hereof, an itemized invoice describing the traffic control, signage and signage services rendered, if any, the cost of such services and any other information required by this Agreement. (c) The costs of services rendered by the CITY and the DEPARTMENT shall be separately invoiced to the ASSOCIATION. Payment by the ASSOCIATION shall be made separately to the DEPARTMENT and the CITY within thirty (30) days of receipt of the CITY'S and DEPARTMENT'S invoices. SECTION 7. INDEMNIFICATION. (a) The ASSOCIATION shall, at all times hereafter, indemnify, hold harmless and defend the CITY and the DEPARTMENT, their commissioners, officers, agents, servants and employees, individually and collectively, from and against any damages, losses, causes of action arising out of error, omission, default or negligent act of ASSOCIATION, its agents, servants or employees in the performance of its duties and obligations under this Agreement or the services provided by the CITY and the DEPARTMENT pursuant to this Agreement unless such liability arises from the negligence of either the CITY or the Page 4 of 13 DEPARTMENT or misconduct by their agents or employees provided that the agent or employee is acting within the scope of their agency or employment of the CITY as a city employee. (b) For purposes of liability, the CITY and the DEPARTMENT are subject to sovereign immunity in accordance with State law. This Agreement shall not constitute a waiver thereof by the City or the Department whether sounding in contract or tort, nor the ASSOCIATION'S consent to such parties' 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 8. TERMINATION. This Agreement may be terminated by any one of the parties at any time, with or without cause, upon not less than thirty (30) days' written notice delivered to each of the other parties at the addresses identified or at the option of the CITY or the DEPARTMENT, immediately in the event of violation of any of the terms, covenants or agreements of this Agreement. SECTION 9. ASSIGNMENTS. None of the parties to this Agreement shall assign the Agreement, nor any interest arising herein. SECTION 10. INDEPENDENT CONTRACTOR. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of the ASSOCIATION to the CITY or the DEPARTMENT is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find the ASSOCIATION employer or employee of the CITY or the DEPARTMENT, and the ASSOCIATION shall be entitled to none of the rights, privileges or benefits inuring to Page 5 of 13 the CITY or the DEPARTMENT or its employees. SECTION 11. EMPLOYEE STATUS. (a) The ASSOCIATION shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY'S or the DEPARTMENT'S officers and employees either of law or by the CITY or the DEPARTMENT. (b) While working with the ASSOCIATION, the off -duty officer will not be considered as an employee of the City of Sanford. If and when the off -duty officer is required to take police action, he /she will be considered as an employee of the City of Sanford during such time. SECTION 12. 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 as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions or waivers of the provisions of this Agreement except the annual actual cost adjustments set forth in Section 5 (b) of this Agreement shall be valid only when expressed in writing and duly signed by the parties. Officers engaged in voluntary off -duty employment shall execute and independent contractor agreement in accordance with Exhibit "B ", attached hereto, prior to undertaking off -duty employment contemplated hereunder. SECTION 13. NOTICES. Whenever any one of the parties desires to give notice Page 6 of 13 unto the other, notice may be sent to: FOR THE CITY: FOR THE DEPARTMENT: FOR THE ASSOCIATION Sherman Yehl, City Manager City of Sanford 300 North Park Avenue Sanford, Florida 32771 Brian Tooley, Chief of Police City of Sanford 815 South French Avenue Sanford, Florida 32771 Premier Community Managers, Inc. 5151 Adanson Street, Suite 103 Orlando, Florida 32804 Attn: Mary Lottredo Any one of the parties may change, by written notice as provided herein, the addresses or persons for receipt of notices. SECTION 14. PUBLIC RECORDS LAW. The parties acknowledge the obligations under Chapter 119, Florida Statutes, to release public records to members of the public upon request. The parties acknowledge that the CITY and the DEPARTMENT are required to comply with Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. SECTION 15. NON - RECOURSE. Notwithstanding anything to the contrary in this Agreement, no officer, director or member of the ASSOCIATION, nor the "developer" under its governing documents, shall be personally liable for any obligations arising hereunder or in any modification or amendment hereto including, without limitation, the indemnification provision set forth in Section 7 hereof unless said individuals commit a tortious act independent of their status under or as part of the ASSOCIATION. Page 7 of 13 Accordingly, the CITY and the DEPARTMENT hereby agree to look solely to the Corporate assets of ASSOCIATION with respect to any obligations which arise hereunder and do hereby waive and release any personal liability as aforesaid unless said individuals commit a tortious act independent of their status under or as part of the ASSOCIATION. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Attest: CITY OF SANFORD anet R. Dougherty,/ City CI rk Linda 4n, Mayor Date STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of _ NY 2007, by Linda Kuhn as Mayor for the City of anford who is personally known to me. 7� V 11 • „ GRACY L. POSLEY O fficial N Si na ure MY COMMISSION # DD 460283 rY g %;;pd � „, °,p' Bonded 7hru Note Public Unde raters �/( Printed N e Witnesses: SANFORD POLICE DEPARTMENT Signature 8 of 13 Si nature STATE OF FLORIDA �U/ dA) r d i JJ Printed Name P 6 / CZ Title L L 4 Date COUNTY OF SEMINOLE The foregoing instrument was acknowle ged efo a this day of _ Peeek 2007, by 6 as ©f rU Ij �a for the City of Sanford Police Department who Is personally known to me. icial Not Signature (Notary Seal) 6r L. os� Printed INkme G RACYL. POSLEY =' *- MY COMMISSION # DD 460283 EXPI , /Tf,th eondetlrRE ota u gust 2 02008 ry Public Underwriters Page 9 of 13 Witnesses: Signature Printed Name Signature Printed Name STATE OF FLORIDA ) COUNTY OF SEMINOLE ) GREYSTONE TOWN HOMES OWNERS' ASSOCIATION, INC. Title Date The foregoing instrum nt s acknowle Md b ore j t his � day of DeC. , 2007, by 1'��P- - V as an for Greystone Town Homes Owners' Association, Inc. who �' is personally known to me or who produced as identification. Official Notary Signature (Notary Seal) . ` .tiRpY •PU% HAUIE D. WILDS Printed Name 0. MY COMMISSION # DD 462122 EXPIRES: December 13, 2009 d ' Bond d firu Notary PUNic Underwr ters �. Page 10 of 13 Printed Name EXHIBIT "A" Plat of Greystone Subdivision as recorded in Plat Book 59, Pages 98 -99, Plat Book 65, Pages 75 -82, Plat Book 68, Pages 81 -82 Page 11 of 13 EXHIBIT "B" CITY OF SANFORD INDEPENDENT CONTRACTOR AGREEMENT FOR OFF -DUTY LAW ENFORCEMENT PERSONNNEL THIS AGREEMENT is a contract entered into and executed this day of , by and between THE CITY OF SANFORD, hereinafter called "CITY" and called "CONTRACTOR." hereinafter By signing this Agreement, the CONTRACTOR acknowledges that law enforcement personnel engaged in voluntary off -duty employment are NOT COVERED by the provisions of the CITY's Workers' Compensation Plan or the liability provisions of their agency's insurance program except when engaged in law enforcement related actions that can only be performed by law enforcement officers. In the event of a non - enforcement related incident/injury, the CONTRACTOR acknowledges that he /she is not entitled to benefits under the CITY's Worker's Compensation and /or Unemployment Benefits during or after his /her term of service. Likewise, the CONTRACTOR agrees to hold harmless the CITY from all liability and the CONTRACTOR assumes all risks and liabilities relating to the performance of voluntary off -duty employment and accepts that he /she is not covered by the CITY's Workers' Compensation Plan or the liability provisions of the CITY's insurance program under any circumstance, except when engaged in required law enforcement action. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. CONTRACTOR Witness Page 12 of 13 Witness Witness Witness Date: CITY OF SANFORD Date: Page 13 of 13