Loading...
1213-Magnolia PD Property OwnersCITY OF SANFORD, SANFORD POLICE DEPARTMENT AND MAGNOLIA PD PROPERTY OWNERS ASSOCIATION, INC. TRAFFIC CONTROL AND TRAFFIC ENFORCEMENT AGREEMENT THIS AGREEMENT is made and entered this i `day of /�e v /< , 2008, 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 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 MAGNOLIA PD PROPERTY OWNERS ASSOCIATION, INC., whose address is 2180 W SR 434, Ste 5000, Longwood, Fl 32779, 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: 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 Magnolia PD Subdivision. SECTION 2. TERM. This Agreement shall become effect 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 provision of Chapter 316, Florida Statutes, on the private roads identified on the attached EXHIBIT A within Magnolia PD 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 the patrols, all subjects to the DEPARTMENT'S sole determination as to time and frequency of patrols and the use of radar equipment and all other methods of enforcement. SECTION 5. COMPENSATION. (a) The ASSOCIATION shall reimburse the 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 to the officer threw the City. (2) FIVE DOLLARS ($5.00) per office 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 hour compensation shall be subject to a four (4) hour minimum charge of ONE HUNDRED TWENTY DOLLARS ($120.00) per officer hour (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. SECTION 6. PAYMENT AND BILLING. (a) The ASSOCIATION shall no later than the beginning of each month, provide a check to the City of Sanford for the total amount of hours to be used for that month. The ASSOCIATION will be responsible for providing the original Outside Services Application form completely filled out, with the check attached. This procedure shall be done every month before an officer works the off -duty detail. (b) The Association shall adhere to section five of this Agreement pertaining to pay out to the City. 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 DEPARTMENT or misconduct by their agents or employees provided that the agent or employee is acting within the scope of their agency or employment. (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 ASSOCIATIONS 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 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 the CITY or the DEPARTMENT or its employees. SECTION 11. EMPLOYEE STATUS. (a) The ASSOCIATION shall have no claim to pension, worker's compensation, unemployment compensation, civil services 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. SECTION 13. NOTICES. Whenever any one of the parties desires to give notice unto the other, notice may be sent to: FOR THE CITY: Kristi Aday, City Manager City of Sanford 300 North Park Avenue Sanford, Florida 32771 FOR THE DEPARTMENT: Brian Tooley, Chief of Police City of Sanford 815 South French Avenue Sanford, Florida 32771 FOR THE ASSOCIATION: Magnolia PD Property Owners Association, Inc. 2180 W SR 434, Ste 5000 Longwood, Florida 32779 Attn: David Robinson Any one of the parties may change, by written notice as provided herein, the addresses or persons for receipt of notices. SECTION 15. 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 16. 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 tortuous act independent of their status under or as part of the ASSOCIATION. 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 tortuous 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: Janet R. Dougherty, Ci Clerk CITY OF SANFORD Linda Ku , Mayor Date STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this /, 71 day of t W4 2008, by Linda Kuhn as Mayor for the City of Sanford who is personally known t me. Official Notary Signature (Notary Seal) DEBRA C. SIMMONS '40 Public, State of I Printed Na res Ju 25, 200$ �ontl0d thru Ashton Agency, inc (8 DD 1-4854 1$00)451 -4$54 SANFORD POLICE DEPARTMENT Title Date STATE OF FLORIDA COUNTY OF SEMINOLE Signature Br an . T - ol - y Printed Name C`•ie' of "o c Title Date The foregoing inst a ent was owl ged bef rg me this day of R- b ruu 2007, by V'1 . To le as �I fq-C VD l % 0- e for the City of Sanford Police Department who is p ersonally Imown to me . (Notary Seal) �y;� & , c I GRACY L. POSLEY =r4' MY COMMISSION # DD 460283 :.; EXPIRES: August 20, 2009 '•.',�'• o�' Bonded Thru Notary Public Underwriters Of icial Not y Signature �00 vL Printed Nanfe Witnesses: MAGNOLIA PD PROPERTY OWNERS ASSOCIATION, INC. gm�2_� Signature _'� ©y,s 13noo�S Printed Name Signature C — r - o.. G n c Printed e t el Title 'Q - l-'1'0(? Date STATE OF FLORIDA COUNTY OF SEMINOLE s e C_ r �c0- y r rs Jr Title Z ► �° Date The foregoing instrument was ackno��'ledged before me is _� day of �b- ,2007' , by A)ri 5 Bl -oykS as V Il!f Prey i det t for Magnolia PD Property Oyners Association, Inc. who is personally known to me or who produced as identification. (Notary Seal) Official Qary Signature Printed Nime PYP - oti� • • �� •; GRACY L. POKEY MY COMMISSION # DD 460283 EXPIRES; August 20, 2000 Bonded 7hru Notary public Und®rwriiers TRAFFIC ENFORCEMENT SURVEY DATE: January 25, 2008 LOCATION: Magnolia Park and Magnolia Club AREA TYPE: Intersection Residential X Number of Posted Signs: Magnolia Park; Eastbound traffic 4 15mph speed limit signs, 2 no parking signs on curve, a one -way sign and a stop sign at the first cul -de -sac, a do not enter sign and a stop sign at the second cul -de -sac, stop signs and street name signs for the third and fourth cul -de- sac's. Westbound traffic 2 no parking signs on a curve. Magnolia Club; Westbound traffic 1 15mph speed limit sign, 1 20mph speed limit sign, 1 no parking sign, 2 pedestrian crosswalk signs, 1 stop sign, 1 no outlet sign, and 1 do not enter, one -way, and stop sign at the first cul -de -sac. Eastbound traffic -1 posted 15mph sign, 2 stop signs. Average Speed of Vehicles: 20 Time of Survey _ 1100 hrs Method of Clock: Radar Laser Visual X Information/Comments: A traffic survey was requested on 01/25/08 for Magnolia Park and Magnolia Club The survey was completed on the same day at approximately 1100 hours. Magnolia Park and Magnolia Club are private gated communities within the same subdivision. Access to these subdivisions is granted off of Lake Mary Blvd. and Mellonville Ave. As entrance is made through the gate, Magnolia Park is east and Magnolia Club is west. Recommendation/Action: Prior to entering the subdivisions there is an approximate '/a mile stretch of road on Mellonville Ave. that does not have any posted speed limit signs facing North or South bound lanes of travel. I recommend that 25mph speed limit signs be posted near the beginning of South bound travel on Mellonville Ave., and near the beginning of North bound travel on Mellonville Ave. Currently there is one stop sign located at the entrance to both subdivisions. There are no directional signs for traffic traveling west out of Magnolia Park and East out of Magnolia Club. I recommend, that these intersecting lanes of travel be changed to a three - way stop. As traffic is traveling west to exit Magnolia Park, there are no posted speed limits signs. I recommend that at the minimum of 2 15mph speed limit signs be posted; one just west of the second cul -de -sac and the other just west of the first cul -de -sac traveling east. The intersection of Magnolia Park Trail and Pine Oak is currently a one -way stop. At this intersection three lanes of travel come together. I recommend that this be changed to a three -way stop. As traffic is traveling east to exit Magnolia Club there are no posted speed limit signs. I recommend that at the minimum of 2 20mph speed limit signs be posted in appropriate locations. Officer Conducting Survey: Officer Michelle Tucker #108 Survey Case # 13,7 Brian F. Tooley Chief of Police (Forty t Works if Approved) l Dl Date Z s Approved LyDisapproved ENDORSEMENT SHEET NL+.KULAIN 1 Approve: v Disapprove: r DATE: -Ila COMMENTS: :a ^�_ 0 Approve: � ^ Disapprove: COMMENTS: SUPPORT SERVICES CAPTAIN: DATE: Approve: COMMENTS: Disapprove: Approve: Disapprove: k,Hlt:r "V YVLlI l'.: Approve: Disapprove: Revised 01/22/08 COMMENTS: / DATF,: COMMENTS: C-7 ov-su, Disapprove: x • MEL_ONVILLE AVENUE a r Cn m n I$ �G O Z - 7 _ NOt PLAT ?ED 1 O D N 00'24'49" E 856.E8' 0 Z 7 o - a _ju -li z = Z c m o r -i - —L o. o O ' MAGNOLIA PARK TRAIL D L x V z 4 co O u1 CP- / T J h 00'18'49" E 305.00' 57128' a g - - - -- i O n / T MELLOW ILLE AVENUE c D D BIRK TRAIL 1 TRACT 'A "� om nuD z —1- c A D \ Crl A do - - -- - - - -- -- - - -- -- 1304 "83' Z z �D� °�' n I rn 0 01 1 z 0 > 4 O n > \ \ / / T - -� —TRACT A' 4! rn p x , .A z S OC:2- ty" tia� 1.1 32 , 10 )J r f n 2 ° og 6? T _ It 3 ,) 0 2 Se VEP L�KV N[I ISTFIA SARK REP - AT C °LA1 BUC)� 45 PACES n O 3 K pc;z B IZ 0 7 NJ O 2` C Cl T 1 m - u O O D 7.7 ---� W A D C 9 i m a z c ri z a ply 0 co - 0 z Z zl z o 2 c� 0 N 00'18'49" E '305.00' z CID MAGNOUA PARK TRAIL TRACT W D fl �. >S� c Om 0, 7:11 t S 00 w 1 304.83' II II o O ❑ z > > 3 cl z c, o 5 A z Pa A �X N 0 T P I A T 7 E D N 00'24'49" z C)D c � _J oll lr ZID F ro cq J) o C 00 E Y. n > z 571.28' TRACT > M 0 rz, S 0 C'22 9 13 51' > > m c- .01 33 6 S.VEF L-[5 rN: -ARK REP-A' °I.Ar Bb(* 46 VA(.ES '­A �X N 0 T P I A T 7 E D N 00'24'49" z C)D c � _J oll 00 O 0 MAGNOLIA P ARK TRAIL > X Ll F ro cq J) o C 00 E Y. 571.28' 0, !4Qq 0 Z C, - ) > > m 6 �X