HomeMy WebLinkAbout1994-26 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