1275-Kay's Landing HOaq5
CITY OF SANFORD AND KAY'S LANDING
HOMEOWNERS ASSOCIATION, INC.
TRAFFIC ENFORCEMENT AGREEMENT
This Agreement is made and entered this /A ay of , 2009, by
and between the CITY OF SANFORD, whose address is 300 N. Park Avenue, Sanford,
Florida 32771, (hereinafter referred to as CITY) and KAY'S LANDING HOMEOWNERS'
ASSOCIATION, INC. a nonprofit corporation existing under the laws of the State of Florida,
whose address is 6972 Lake Gloria Boulevard, Orlando Florida 32809 (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."
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; and
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 publics 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 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
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through the day before that date in the next calendar year and shall automatically be
renewed thereafter for successive periods not to exceed one (1) year each, 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 the following roads: Kay's Landing Drive, Porchester
Drive and Hadley Lane. 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
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.
(b). The CITY shall be solely responsible for 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
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
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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, may be included in any
amendment to this Agreement.
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.
(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.
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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
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:
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For The City:
Police Chief Brian Tooley
C/O City Manager's Office
City Hall
300 N. Park Avenue
Sanford, Florida 32771
For The HOA:
Kay's Landing Homeowners' Association, Inc.
6972 Lake Gloria Boulevard
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 by
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.
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.
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(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. 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 16. 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
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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 pars materia
with all other provisions hereof.
Section 17. 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 18. 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.
(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.' CITY OF SANFORD, FORIDA
anet Dougherty, City 6Yerk Linda K hn, Mayor
ATTEST.' HOA
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By: Robert L.Bambas By: eville . Schoubu h
Secretary/Director Pr ident/Director
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