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1994-26 Traffic Agreement with Whitter Oaks HOARESOLUTION NO. 94 - 26 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 WHITTIER OAKS HOMEOWNERS' ASSOCIATION TO PROVIDE ROUTINE PATROL FOR TRAFFIC ENFORCEMENT ON PRIVATE STREETS WHEREAS, the City Commission of the City of Parkland, Florida finds and determines that it is in the best interest of the citizens of the City to enter into the attached Agreement with Whittier Oaks Homeowners' 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, that: Section 1. The appropriate City Officials are hereby authorized to execute an Agreement between the City of Parkland, Florida and Whittier Oaks Homeowners' Association. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 18 DAY OF MAY 1994. SUSAN ARMSTRONG, C.M.0 CITY CLERK MUNICIPAL TRAFFIC CONTROL JURISDICTION AGREEMENT FOR WHITTIER OAKS HOMEOWNERS' ASSOCIATION This Agreement, made as of this A.7. -day of 4 vi / , 1994, by and between WHITTIER OAKS HOMEOWNERS' ASSOCIATION, INC., a not- or -profit organization, organized and existing'under the laws of the State of Florida and having its principal office at 2898 University Drive, Coral Springs, Florida, % Consolidated Community Management, Inc. (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"). WITNESSETH 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: WHITTIER OAKS HOMEOWNERS' ASSOCIATION, INC. WHEREAS, the ASSOCIATION does not have the power to enact or enforce traffic laws within the ASSOCIATION nor can it hire others with police power to do so for it; and WHEREAS, signs installed on private roads in the ASSOCIATION "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 WHITTIER OAKS HOMEOWNERS' ASSOCIATION, INC. 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 ASSOCIATION 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 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 by Certified Mail Return Receipt Reauested. IN WITNESS WHEREOF, the ASSOCIATION and CITY have set their hands and seals, as of the day and year first above written. (Corporate Seal) SUSAN ARMSTRONG, City Clek WHITTIER OAKS HOM OWNERS ASSOCIATION By or Whittier Oaks HOA CITY OF PAR AND By: SAL PAGLIA A AYOR