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HomeMy WebLinkAbout1994-50 Agreement with Meadow Run Association for Municipal Traffic ControlRESOLUTION NO. 94 - 50 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 MEADOW RUN ASSOCIATION, INC. 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 to execute an Agreement between the City of Parkland and Meadow Run Association, Inc. for the purpose of providing routine patrol for traffic enforcement on private streets as outlined in said Agreement attached hereto and made a part hereof; 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 Meadow Run Association, Inc. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 7 DAY OF 1994. SUSAN ARMSTRONG, C.M , CITY CLERK SEPTEMBER 1 S PAGLI YOR City of Parkland 6500 Parkside Drive Parkland, Florida 33067 (305) 753-5040 Fax (305) 341-5161 September 16, 1994 Mr. Don Ryser, Association Manager Coral Ridge Properties, Inc. 3300 University Drive Coral Springs, Florida 33065 Re: Municipal Traffic Control Jurisdiction Agreement for Meadow Run Development Dear Mr. Ryser: Enclosed are two original copies of the above referenced Agreement and accompanying Resolution adopted by the City Commission of the City of Parkland at the City Commission meeting of September 7, 1994. Please have the appropriate officials execute both copies and return one to the undersigned. Thank you for your attention to this request. Sincerely, Susan Armstrong, C.M.C. City Clerk MUNICIPAL TRAFFIC CONTROL JURISDICTION AGREEMENT FOR MEADOW RUN This Agreement, made as of this 7th day of September, 1994 by and between MEADOW RUN ASSOCIATION, INC. a not-for-profit organization organized and existing under the laws of the State of Florida and hav- ing 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 I T N E S S E 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: MEADOW RUN ASSOCIATION, INC. PLAT BOOK 151/6 PLAT BOOK 155/20 which subdivisions are, hereinafter collectively referred to as MEADOW RUN; and WHEREAS, the ASSOCIATION does not have the power to enact or en- force traffic laws within MEADOW RUN nor can it hire others with police power to do so for it; and WHEREAS, signs installed on private roads in MEADOW RUN "establish- ing" 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 MEADOW RUN which are more particularly indentified 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 MEADOW RUNidentified 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. Page 2 3. Traffic control devices must conform to the requirements con- tained 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 towhether 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, 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 omis- sions 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. 7. Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by Certified mail, Return Receipt required, as follows: As to CITY: Harry Mertz, City Manager City of Parkland 6500 Parkside Drive Parkland, Florida 33067 As to MEADOW RUN: James P. McGowan, President Meadow Run Association, Inc. 3300 University Drive Coral Springs, Florida 33065 IN WITNESS WHEREOF, the ASSOCIATION and CITY have set their hands and seals, as of the day and year first above written. A7ST: (Corporate Seal) Donald L.,Ryser ATTEST: Susar Armstrong. City rk CITY OF PARKLAND By Sal Pagliara, Mayor (municipal seal) EXHIBIT "A" N.W. 66 PLACE N.W. 65 PLACE N.W. 97 DRIVE N.W. 98 LANE N.W. 99 AVENUE N.W. 99 DRIVE N.W. 64 COURT N.W. 65 MANOR N.W. 99 LANE N.W. 66 MANOR N.W. 97 LANE N.W. 98 DRIVE N.W. 64 PLACE N.W. 95 LANE N.W. 104 WAY N.W. 62 DRIVE N.W. 63 DRIVE N.W. 102 WAY N.W. 62 COURT N.W. 101 AVENUE N.W. 102 TERRACE N.W. 62 STREET