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1996-17 Cypress Head Club Revocable Agmt Install Gate Arms at Entrance RESOLUTION NO. 96-17 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING ENTERING INTO A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF PARKLAND AND CYPRESS HEAD CLUB, INC. TO CONSTRUCT GUARD GATES AT THE ENTRANCE TO CYPRESS HEAD 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 Revocable License Agreement between the City of Parkland and Cypress Head Club, Inc. to construct guard gates at the entrance to Cypress Head, Section 1. The City Commission made a policy decision on April I? , 1996 that a Revocable License Agreement for said purpose be presented to the City Commission for review and approval. Section 2. The City Commission approves the attached Revocable License Agreement between the City of Parkland, Florida and Cypress Head Club, Inc. Section 3. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 5 DAY OF JUNE , 1996. REVOCABLE LICENSE AGREEMENT Tms AGREEMENT is entered into this ~ day of June , 1996, by and between the CITY OF PARKLAND (CITY) and CYPRESS HEAD CLUB, INC. (CYPRESS HEAD) as follows: WHEREAS, CYPRESS HEAD is the Homeowner's Association for the Parkland Lakes Planned Unit Development in the CITY; and WHEREAS, the roads within said Planned Unit Development are public roads; and WHEREAS, the CITY has previously granted permission to CYPRESS HEAD to erect an entrance gazebo at the entrance to the Cypress Head Development off Holmberg Road; and WHEREAS, CYPRESS HEAD desires to increase the level of monitoring within its community through the use of said entrance gazebo without in any way obstructing the unlimited access to the public roads within the Cypress Head Community of the public at large; and WHEREAS, the parties are undertaking this Agreement in order to accomplish that goal with the acknowledgment that this is a revocable license agreement between the CITY and CYPRESS HEAD, which license may be revoked at the will of the CITY without cause; NOW THEREFORE, be it agreed by and between the parties as follows: Section 1. The above referenced WHEREAS clauses are included in this Agreement as if fully set forth herein. Section 2. The CITY hereby grants CYPRESS HEAD a revocable license to construct guard gates as described and pictured on Composite Exhibit A, at a location agreed to by the City Engineer at the entrance gazebo to CYPRESS HEAD pursuant to the terms and conditions of this Agreement. The general area that said guard gates are to be located is depicted on Exhibit B attached hereto. Section 3. Said guard gates shall be constructed of the material described on Exhibit C and shall operate pursuant to the mechanisms described in said Exhibit C and shall be constructed so that all emergency and police vehicles may drive immediately through guard gates without having to reduce speed and without endangering the operation of the vehicle, the personnel operating said vehicle, or causing significant damage to the vehicle itself, where, in the sole discretion of the CITY or one acting on behalf of the CITY, it is deemed necessary to break through the gates. Section 4. The term of this License Agreement shall be in force until such time as the CITY exercises its right to terminate this license as set forth below. The CITY has the right, and CYPRESS HEAD acknowledges that the CITY has the right to terminate this revocable license agreement at anytime, without cause, upon ten (10) days notice to CYPRESS HEAD. Section 5. Prior to signing the Agreement, CYPRESS HEAD shall provide CITY one set of written rules of conduct to be complied with by any person manning the entrance gazebos provided for. Said written rules shall be submitted to the City Manager for his approval. Should the City Manager disapprove of said rules of conduct, then he shall state the reasons why he disapproves of those rules and the rules shall be changed to conform to his requirements. It is acknowledged that no rules shall be enforced by CYPRESS HEAD with regard to entrance into the Cypress Head Community through the entrance gazebo and gates or procedures employed by CYPRESS HEAD which are not specifically approved by the City Manager in writing. Further, the City Manager may at any time require that the procedures of any guard at the entrance gazebo or the procedures for the use of the guard gates be revised by written notice to CYPRESS HEAD. CYPRESS HEAD shall promptly change its written rules, resubmit them to the City Manager for approval and comply with the rules as eventually authorized or directed by the City Manager. Section 6. At no time shall any person in the gazebo, with custody and control of the gazebo, or employed or in any way working for, or acting as the agent for CYPRESS HEAD, take any actions to delay, detain, or in any way hinder the access of any person to full access and use of the public right of ways within the Parkland Lakes Planned Unit Development, (which is the CYPRESS HEAD Development), or any other public right of way. No vehicles may be stopped and no riders may be questioned either upon ingress or egress. Section 7. The CITY may at any time inspect the operation of the gates being used at the entrance gazebo to determine that they are in working order and that they are consistent with CITY'S ability to gain emergency access and consistent with this Agreement. Section 8. CYPRESS HEAD shall pay to the CITY the sum of $2,000.00 within twenty (20) days of executing this Agreement and $2,000.00 on each yearly anniversary date of this Agreement, which money shall be put in a special fund for any improvements to the roadway system in the Parkland Lakes PUD. In the event that the roads are eventually privatized, any such funds which have not been used by the CITY for that purpose shall be returned to CYPRESS HEAD. Section 9. CYPRESS HEAD does hereby agree to defend, indemnify, and hold the CITY harmless from any and all causes of action, liability, costs, judgments, obligations, or responsibility in any way related to damage caused to the entrance gates by CITY vehicles and understands that CITY vehicles may come in the course of entrance or exit to the Parkland Lakes PUD and cause damage to the gate for which the CITY, its agents, employees, or representatives shall in no way be responsible. This hold harmless and indemnity applies to any contractors working for, or providing services to the CITY. Section 10. CYPRESS HEAD does hereby agree to defend, indemnify, and hold the CITY harmless from any and all causes of action, liability, costs, judgments, obligations, or responsibility in any way related to the actions undertaken pursuant to this revocable license agreement. Should any cause of action, liability, judgment, cost, or other obligation or responsibility ensue as a result 2 of the existence or use of gates being permitted pursuant to this revocable license agreement, then in that event, the defense, indemnity, and hold harmless provisions of this agreement shall be in full force and effect and CYPRESS HEAD shall undertake the liability attendant thereto. This is meant to be a full and complete agreement for defense, indemnity, and hold harmless related to any cause of action, liability, costs, judgments, obligations, or responsibility of whatsoever nature which might occur as a result of the existence of the guard gates, the use of the entrance gazebo, or the rights granted under this revocable license agreement and shall be construed so as to provide the fullest protection to the CITY, its employees, agents, contractors and representatives. The indemnity, hold harmless, and defense provisions herein shall survive any termination of this Agreement. Section 11. CYPRESS HEAD, as part of its agreement to indemnify and hold the CITY harmless :from any damage to CITY vehicles or property which emanates from the existence the guard gates permitted by this revocable license agreement, does hereby agree to promptly pay for all repair (at the CITY'S option) any damage to CITY vehicles or property caused as a result of CITY vehicles or property using the right-of-way where the guard gates are posted. CYPRESS HEAD understands this Agreement is to provide the fullest measure of protection to the CITY and that the reason for any CITY vehicles having to suffer damages as a result of the existence of the gates may be not be used as an excuse for the defense to impair this obligation. Should any CITY vehicle or property be damaged as a result of having to go through the gates, or should the gates malfunction and cause any damage, or should CITY vehicles be in any way damaged by the gates for whatsoever reason even should it not be the fault of the gates or the way the gates operate, CYPRESS HEAD shall be responsible for payment or of repair at the CITY'S option. This obligation shall also inure to the benefit of any vehicles owned by CITY employees, agents, representatives, or contractors or any parties providing services to the CITY under any form of written or unwritten agreement with the CITY or while engaged in CITY business. Section 12. In order to secure the defense, indemnity, and hold harmless provisions provided for in this Agreement, CYPRESS HEAD shall provide general liability insurance, with the CITY as a named insured in the minimum amount of$3,000,000.00, and property damage insurance in the minimum amount of $1 ,000,000.00 with the CITY as a named insured, in a form acceptable to the City Manager and such other insurance to insure the obligations set forth herein. The City Manager may also require other insurance as is reasonably necessary to provide for the full measure of protection as set forth in this Agreement with regard to the license granted herein. All policies shall require thirty (30) days notice to CITY of cancellation or alteration. Section 13. Should any notices be required pursuant to this Agreement, those notices shall be sent by certified mail, return receipt, or by hand delivery to the following addresses (unless notices provide otherwise). CITY OF PARKLAND: City Manager City of Parkland 6500 Parkside Drive Parkland, Florida 33067 3 CYPRESS HEAD: Section 14. This is the entire agreement between the parties and no modification hereof may be given effect except if provided in written form and executed with equal dignity hereto. Section 15. This Agreement shall be liberally construed in favor of the CITY. Section 16. The effective date of this Agreement shall be the date upon which the last party affixes its signature hereto. IN WITNESS WHEREOF, CITY and CYPRESS HEAD have made and executed this Agreement on the respective dates set forth below; CITY signing by and through its Mayor, and CYPRESS HEAD signing by and through its President, duly authorized to execute the same. Witnesses: Witnesses: 06/06/96 CITY OF PARKLAND By: -~t;:~ Date: (;,/7 / q~ , I CYPRESS HEAD CLUB, INC. 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I 'j, ~ . ~J - H .I.IHIHX3 11 " I , I I I I' " <' " '< .0 'C: :- o 0- Q < .. ~ .. Q. :> ::r .. ;; Q. .. " . ~ : , I ~~ : , . ' ---.-......... '..- "!'..... l!- !>!;;.,r,:'V, : '~r .:.... Q ". .. '.. ,::r :r :. '.. .. ".. .. - - 01 ..... .N... .. C). "0: D- .,. . .... "0 _ - 0 ~ .-' -'"0 ... - .. iO 3 - 0 . -:;.... < "tJ "':1' ~ ~:. ~'. :. - .. i. ~ ;; .~. ~ . ......, - . ,0 go -, ," :> n ~- - "' ',;' .. ",- " N 01-+-3 c EXHIBIT C Page 1 of 3 .. .",,) @ AMERICAN PARKING EQUIPMENT INC. 6836 STROUD ROAD MIDDLEBURG HEIGHTS, OHIO U.S.A. 44130 (216) 676-0720 FAX (216) 676-6133 , , " ; l ~ , t .~. ~. \ L ~ The new G-89E is designed to be unique inthe parking industry. By incorporating modern design technology with field proven design concepts it provides, maximum flexibility;~ functionality and reliJoility while maintaining traditional economy and serviceablility. . ) I' i .::~~ ~ ~ <.'\ . ~ SM~\ ~ (l '\ ~ n !.~ ,& .., , )4... :D ,1 b'.. ~ t ~... c:. _ . . ,. tl. 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'\~ ~:t ~~ ~ ~ t. 0\ ~ ~ ~ - n '~ .~ ~ ~ 0, . , AUru GATE GH9-E - SPECIFICATIONS EXHIBIT C iPORTANT NEW FEATURES ICLUDE: All modular plug-in solid-state printed circuits Unique, all solid-state modular motor drive control with... - solid-state automatic power control - unique, automatic electronic motor braking to prevent motor run on and provide consistent stop points - no mechanical contacts to arc, bum and wear out - automatic instant reverse time delay to provide smooth operation in both directions resulting in lower wear as well as reduced heat and power . consumption . - unique. maximum run timers for both directions to.prevent continuous cycling of ann due to misadjustcd limit switches - reduced EMURFI generated by other gates which u~ mechanical contactors which can cause interference with the operation of computerized peripheral devices. COUNT OUTPUTS For Transients. cardholders. free/reverse and total lane count for maximum accuracy counts arc not generated until vehicles actually clear the gate. OTHER FEATURES INCLUDE · All low voltage solid-state inputs · All output circuits optically isolated dry contacts · Auxiliary monitoring contacts supplied for detector(s) and gate ann position · Auxiliary vend outputs for overhead doors. gate operators, elC. · Low voltage limit swilches for maximum life and reliability · Universal controller wilh all operational functions available without re-programming or dip-switch setting. just hook up field connections · Built-in low voltage power supply for peripheral devices · Reduced heating and power requirements. OPTIONS :OLDING GATE ARM Ibis arm is designed so that even !'dten it is raised the overall heightis :ontrolled, while maximum driveway IYidIh is still allowed. When the gate housing is mounted on a 15.24cm (6-) cum the standard overhead clearance ~ the drive, when the gate arm is ~. is 215.9Ocm (85-). Other .leight restrictions may be compensated for at customer's rest I .. - SAFETY EDGE PACKAGE Should the gate arm strike an abject during descent. a safety edge package will stop the arm and return it to the "up" position. The gate arm will remain up until it is automatically released by an adjustable timer. .. SYSTEM CONTROLS · Pushbutton or radio controls · Vehicle detectors · Card readers (Group or individual code · Ticket Spitters · Coin or token units · Electronic cash register and fee computers · Custom engineered consoles · Photoelectric controls ,~ ~",a1 DI" ~. Page3 of 3 ,. GATE ARM The standard gate ann is 304.8Ocm (10') long and is contructed of 2.54cmxIO.I6cm (1-X4-) clear finished pine. marked on both sides with stips of black and yellow warning traffic tape. Optional 365. 76cm (12') available upon request. Also refer to Titan gate ann specifications for unbrcakable style arm. { , MECHANICAL The gate ann is driven by a 1/3 HP single phase. instant reverse motor. connected by a vee-belt to a heavy duty. .'60 to I single reduction speed reducer. Power is then transmitted to a gate arm drive shaft by harmonic aCling crank shaft and connecting rod. Adjustable cams arc positioned on the main shaft to activate limit switches for control of gate arm movement. Crank, main shaft, connecting rod. etc.. are constructed of solid steel that has been zinc dichromated lO prevent corrosion, and all parts move on self-lubricalinb bushings. Mechanical action is such thal braking devices or mechanical SLOpS are not required. I DISTRIBUTED D'l ; AMERICAN PARKING EQ~!PMENT INC. ..:.6836 STROUD ROAD . MIDDLEBURG HEIGHTS. OHIO. U.S.A. 44130ä(216) 676-0720 FAX (216) 676-6133 / (::. TORONTO OFFICE 136 MANITOBA STREET, TORONTO. ONTARIO M8Y IE3 (4t6) 252-7118 FAX: (416) 252-2469