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1992-13 Mill Run-Traffic Control Agreement RESOLUTION NO. 92 - 13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO EXECUTE AN AGREEMENT BE'IWEEN THE CITY OF PARKLAND AND MILL RUN HOMEOWNERS 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 interest of the citizens of the City to enter into the attached Agreement with Mill Run Homeowners' Association for the purpose of providing routine patrol for traffic enforcement on private streets; NOW, THEREFORE, BE IT RESOLVED BY THE CI1i' 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 Mill Run Homeowners' Association. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption . PASSED AND ADOPTED THIS 20 DAY OF MAY ,1992 s~~~ ~~~ SUSAN ARMSTRONG, CMC, I1i' CLERK MUNICIPAL TRAFFIC CONTROL JURISDICTION AGREEMENT FOR MILL RON HOMEOWNERS' ASSOCIATION. INC. This Agreement ,made as of this ~ day of TV) ~- 1992, by and between HILL RON HOMEOWNERS' ASSOCIATIOR, IRC. a not-for-profit organization, organized and existing under the laws of the State of Florida and having its principal office at c\o Benchmark Property Hanagement,Inc., 7932 Wiles Road, Coral Springs, Florida 33067 (hereinafter referred to as "ASSOCIATIOR"), 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 subdivisions situate, lying and being in the City of Parkland, Broward County, to wit: HILL RON HOMEOWNERS' ASSOCIATIOR. IRC. which subdivisions are, (hereinafter collectively referred to as "MILL RON:"); WHEREAS, the ASSOCIATION does not have the power to enact or enforce traffic laws within MILL RON, nor can it hire others with pOlice power to do so for it; and WHEREAS, signs installed on private roads in MILL RON "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 MILL RUN, 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 MILL RUN 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. 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. ~4t___ ~~~~ SUSAN ARMSTRONG, CHC, cUi" CLERK (Municipal Seal) HILL RUN HOKEO~ERS' c~ Preside t - ::TY~ Sl\L AGLI YOR EXHIBIT "A" # # ;; .n o on - ('\I en ~ CITY OF PARILAND ORDINAN~E NO. ,92-13 DESIGNATION OF MILLRUN SUBDIVISION STREETS ,...: - CL 8'1 c: C\ -c .... >< lU .... " '" CL 10 Iii ,.., u Revised 9/23/92 RESOLUTION 92-13 EXHIBIT "A" .. . '''''",- ... ~ Iii C) ~ C\I Q> ~ CITY OF PARKLAND ORDINAN~E NO. ,92-13 DESIGNATION OF MILLRUN SUBDIVISION STREETS ,.: ... CL ~ c: .,. 'C .... .. Q> .... ,..- on 0. '" " ..... u Revised 9/23/92