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1991-16 Agreement with Landings of Parkland Assn for Traffic PatrolsRESOLUTION NO. 91 - 16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PARKLAND AND THE LANDINGS OF PARKLAND ASSOCIATION TO PROVIDE ROUTINE PATROL FOR TRAFFIC ENFORCEMENT ON PRIVATE STREETS WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the best interests of the citizens of the City to enter into the attached Agreement with The Landings of Parkland Association for the purpose of providing routine patrol for traffic enforcement on private streets; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City officials are hereby authorized to execute the attached Agreement between the City of Parkland, Florida and The Landings of Parkland Association. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS DAY OF , 1991. SAL PAGLIARA, MAYOR SUSAN ARMSTRONG, CITY CLERK MUNICIPAL TRAFFIC CONTROL JURISDICTION AGREEMENT FOR THE LANDINGS This Agreement, made as of this day of 19 , by and between THE LANDINGS OF PARKLAND ASSOCIATION, INC. not-for-profit corporation organized and existing under the laws of the State of Florida and having its principal office at 3300 University Drive, Coral Springs, Florida, 33065, (hereinafter referred to as "ASSOCIATION"), and the CITY OF PARKLAND, a municipal corporation organized and existing under the laws of the State of Florida, with its permanent post office address at 6500 Parkside Drive, Parkland, Florida 33067 (hereinafter referred to as "CITY"); W ITNESSET H: WHEREAS, The ASSOCIATION is the party who owns or controls certain private roads within the following subdivision situate, lying and being in the City of Parkland, Hroward County, Florida, to wit: THE LANDINGS OF PARKLAND, PH 137/22 which subdivisions are, (hereinafter collectively referred to as "THE LANDINGS"); and WHEREAS, the ASSOCIATION does not have the power to enact or enforce traffic laws within THE LANDINGS nor can it hire others with police power to do so for it; and WHEREAS, signs installed on private roads in THE LANDINGS "establishing" speed limits and other restrictions cannot be effectively enforced by the ASSOCIATION, and violators often disregard them with impunity; and WHEREAS, it is the desire of the CITY to afford some measure of traffic enforcement for all residents of the CITY, wherever they may be situated; and WHEREAS, the funds to provide sufficient traffic enforcement for privately owned roads have not been provided in the CITY'S budget; NOW, THEREFORE, the parties agree as follows: 1. Pursuant to Chapter 316.006(b) Florida Statutes (1987), as enacted by Chapter 87-88, Laws of Florida, the ASSOCIATION hereby grants to the CITY and the CITY hereby accepts from the ASSOCIATION, municipal traffic control jurisdiction over all those certain private roads in THE LANDINGS which are more particularly identified in Exhibit "A", attached hereto and fully incorporated into this Agreement. 2. The City of Parkland Police Department shall provide a minimum base level of traffic enforcement service on all those certain private roads in THE LANDINGS identified in Exhibit "A". This level of service shall be determined solely by the Parkland Chief of Police and shall be based upon the availability of police personnel. 3. Traffic control devices must conform to the requirements contained in the United States Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways as adopted by the Parkland City Commission. The determination as to whether the signs meet the warrants for installation and/or conform to the manual shall be made solely by the CITY. 4. This Agreement may be modified in writing by mutual agreement of the parties. 5. This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. IN WITNESS WHEREOF, the ASSOCIATION and CITY have set their hands and seals, as of the day and year first above written. By: ATTEST: Joseph P. Taravella, Jr. Sec'y [Corporate Seal] ATTEST: By: Susan Armstrong, City Clerk [Municipal Seal] THE LANDINGS OF PARKLAND ASSOCIATION, INC. JAMES P. McGOWAN, President CITY OF PARKLAND Sal Pagliara, Mayor 2 EXHIBIT "A" N.W. 62 PLACE N.W. 98 DRIVE N.W. 97 AVENUE N.W. 96 TERRACE N.W. 95 LANE N.W. 63 PLACE N.W. 61 DRIVE N.W. 60 DRIVE N.W. 96 WAY N.W. 97 DRIVE N.W. 58 COURT N.W. 96 DRIVE N.W. 59 COURT 4 PARKLAND PUBLIC SAFETY DEPARTMENT INTER -OFFICE MEMO TO: Harry Mertz City Manager FROM: Ronald W. Bailey Public Safety Direct() SUBJECT: Agreement for Traffic Enforcement in the Landings Subdivision DATE: May 1, 1991 The proposed agreement between the "Landings" development and the City to provide routine patrol for traffic enforcement on private street has been discussed and reviewed by all parties. The last issue is the suggestion from the City Attorney is indemnifying and holding the City harmless from liability incurred from any failure of the City to enforce traffic regulations on the private streets. I discussed the issue with Mr. Maurodis and advised him that I did not think we needed that provision, as we have no more duty to enforce all violations on private streets than we do on public streets. He had no objections. I am requesting the proposed agreement be placed on the City Commissions' agenda at your convenience. 91-048 The LANDINGS of Parkland Association, Inc. February 1, 1991 Lieutenant John Grimes Parkland Police Department City of Parkland 6500 Parkside Drive Parkland, Florida 33067 Dear Lieutenant Grimes: Attached are two (2) copies of the Municipal Traffic. Control Jurisdiction Agreement for The *Landings of Parkland. Please have this Agreement considered for approval by your City Commission.. Upon acceptance and execution, return both copies .to my attention for execution. .After I have signed the Agreement, I will return one original to your attention for the City's records. If you have any problems, please call. Sincerely, THE LANDINGS OF LAND ASSOCIATION, INC. "James P. McGowan P nt cc: J.H. Ryan,.w/attachments • 3309 University. Driye, Suite 302 �`'�' , oral,Springs; FL 33065 • (305) 752-1100 y- ..ii.�. ...., r. .. .d+7Lwr.�,...,w:a: r ,.. $ .. 14.. TELEPHONE (306) 487.2000 TELECOPIER (306) 487.2300 LAW OFFICE ANDREW S. MAURODIS 321 SOUTHEAST 15TH AVENUE FORT LAUDERDALE, FLORIDA 33301 MEMORANDUM MAILING ADDRESS: POST OFFICE BOX 2427 FORT LAUDERDALE, FLORIDA 33303 TO: Harry Mertz, City Manager FROM: Andrew S. Maurodis, City Attorney DATE: February 8, 1991 RE: Agreement for Traffic Enforcement/Landings Subdivision I have reviewed the above referenced agreement forwarded to me under cover of memo dated February 5, 1991. I find it acceptable, but would make the following suggestions: 1. That there be a provision indemnifying and holding the City of Parkland harmless for any damages, causes of action, attorney fees, or other liability incurred from any failure of the City of Parkland to enforce traffic regulations on the private streets. 2. I would prefer to see the agreement recorded in the Public Records of Broward County. City of Parkland 6500 Parkside Drive Parkland, Florida 33067 (305) 753.5040 Fax (305) 341.5161 MEMORANDUM TO: ANDREW MAURODIS, CITY ATTORNEY FROM: HARRY J. MERTZ, CITY MANAGER 0E1(1 SUBJECT: AGREEMENT FOR TRAFFIC ENFORCEMENT DATE: FEBRUARY 5, 1991 Please review the attached proposed agreement sent to the Public Safety Department by the Homeowners' Association for the subject in The Landings sub -division. We trust you will review and advise so we may expeditiously place this proposal on the City Commission Agenda of February 20, 1991. cc: Ronald Bailey, Public Safety Director 91 - 70 PARKLAND PUBLIC SAFETY DEPARTMENT INTER -OFFICE NEMO TO: FROM: SUBJECT: DATE: Harry Mertz City Manager Ronald W. Bailey Director Traffic Enforcement for the "Landings" February 4, 1991 Attached is a proposed agreement from "The Landings" association for the Public Safety Department to provide traffic enforcement services for the private street of "The Landings". It is my recommendation that the city enter into such agreement after review by the city attorney. 91-012