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1992-06 Agreement with Landings Association RESOLUTION NO. 92 - 6 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, INC. TO PROVIDE ROUTINE PATROL FOR TRAFFIC ENFORCEMENT ON PRIVATE SnlEETS WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the best interest of the citizens of the City to enter into the attached Agreement with The Landings of Parkland Association, Inc. 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, Inc. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption . PASSED AND ADOPTED THIS 3rd DAY OF ~H ,1992 JJ~~~ ~~~LIAR MAYOR ~th-' a~~ij - SUSAN ARMSTRONG, CMC, ITY CLERK / t.," MUNICIPAL TRAFFIC CONTROL JURISDICTION AGREEMENT FOR THE LANDINGS This Agreement, made as of this 9th day of March , 1992 , 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"); WIT N E SSE T 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, Broward County, Florida, to wit: THE LANDINGS OF PARKLAND, PB 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 wi thin 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 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 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 availabili ty 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. The ASSOCIATION does hereby agree to indemnify, defend and hold harmless the City of Parkland, its employees and agents from any and all claims, causes of action, liability and all judgments where such claims causes of action, or judgments arise out of or are in any way caused by the failure of the Association to adequately maintain its streets, traffic control devices, or any negligent acts or omissions of the ASSOCIATION in maintaining its common areas. 5. This Agreement may be modified in writing by mutual agreement of the parties. 6. 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. ATTEST: ~~~. Sec'y [Corporate Seal} CITY :Z;:~ BY: SAL PAGLIARA, ayor ATTEST: C::::J;-- City' erk [Municipal Seal] - 2 - E X H I BIT "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