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1998-13 Routine Patrol for Traffic Enforcement on Haul Road-WCI Communities RESOLUTION NO. 98-13 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 WCI COMMUNITIES LIMITED PARTNERSHIP TO PROVIDE ROUTINE PATROL FOR TRAFFIC ENFORCEMENT ON CERTAIN PRIVATE STREETS AS CONTAINED IN THE ATTACHED AGREEMENT AND EXHIBIT WHEREAS, the City Commission of the City of Parkland, Florida approves entering into the attached Municipal Traffic Control Jurisdictional Agreement between the City of Parkland and the WCI Communities Limited Partnership for the purpose of providing routine patrol for traffic enforcement on private streets; WHEREAS, the City of Parkland City Commissioners believe that the proposed agreement is in the best interest of the citizens of Parkland; NOW THEREFORE, BE IT RESOLVED BV THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AS FOLLOWS: Section 1. That the appropriate City officials are hereby authorized to execute the attached Agreement between the City of Parkland, Florida and the WCI Communities Limited Partnership. Section 2. That this Resolution shall be if full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 1 st DAY OF APRIL , 1998. CITY OF PARKLAND, FLORIDA ~~~~ SAL: AGLlA. A VOR ATTEST: " L~ C2----.tif SUSAN ARMSTRONG, C. . . CITY CLERK CITY OF PARKLAND 6500 PARKSrDE DRIVE PARKLAND, FL 33067 (954) 753-5040 F~AX (954) 341-5161 April 8, 1998 Mr. Roger Dyess, Vice President WeI Communities Limited Partnership 3300 University Drive Coral Springs, FL 33065 Dear Mr. Dyess: I am attaching two (2) signed originals of the "Municipal Traffic Control Jurisdiction Agreement for The Haul Road" that was approved by the Parkland City Commission on April 1, 1998. After signage, please return one (1) original to the City Clerk's Office for our files. Should you need additional information, please feel to contact me. Very truly yours, ~~ Deputy City Clerk Attachments CC: Chief Steve List Larry W. Streib, WCI Communities Limited Partnership winward\misc17.doc MUNICIP AL TRAFFIC CONTROL JURISDICTION AGREEMENT FOR THE HAUL ROAD This Agreement, made a.:: of this ~tday of April , 1998, by and between WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware limited partnership, whose address is 3300 University Drive, Coral Springs, Florida 33065 (hereinafter referred to as "WCI") 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, WCI owns or controls certain private roads within the City of Parkland, Broward County, Florida, which are used primarily for the hauling of fill material by contractors of WCI to be used for development activities in Broward County, Florida, which roads are depicted on the map attached hereto and incorporated herein as Exhibit "A." Said roads are hereinafter collectively referred to as "the HAUL ROAD." WHEREAS, WCI does not have the power to enact or enforce traffic laws on the HAUL ROAD, nor can WCI hire others with police power to do so for it; and WHEREAS, signs installed on the HAUL ROAD "establishing" speed limits and other restrictions cannot be effectively enforced by WCI, and violators often disregard them with impunity; and WHEREAS, it is the desire of CITY to afford some measure of traffic enforcement for all residents of the City of Parkland, wherever they may be situated. Page10f3 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Pursuant to Chapter 316.006(b), Florida Statutes, WCI hereby grants to CITY, and CITY hereby accepts from WCI, municipal traffic control jurisdiction over the HAUL ROAD, which is more particularly identified in Exhibit "A," attached hereto and ful1y incorporated into this Agreement. 2. The City of Parkland Police Department shall provide a minimum base level of traffic enforcement service on the HAUL ROAD. This level of service shall be determined solely by the Parkland Chief of Police and shall be based upon the availability of CITY police personnel. 3. Traffic control devices and signs installed on the HAUL ROAD must conform to the requirements of CITY's Engineer and the Parkland Chief of Police. The determination as to whether the traffic control devices and signs meet such requirements shall be made solely by CITY. 4. WCI 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 which arise out of or are in any way caused by the failure of WCI to adequately maintain the HAUL ROAD or the traffic control devices and signs thereon, or any negligent acts or omissions ofWCI. 5. This Agreement may only be modified in writing by a written instrument of equal dignity herewith signed by the parties hereto. 6. This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. Page 2 of3 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: For CITY: Harry Mertz, City Manager City of Parkland 6500 Parkside Drive Parkland, Florida 33067 For WCI: Roger Dyess, Vice President WCI Communities Limited Partnership 3300 University Drive Coral Springs, Florida 33065 IN WITNESS WHEREOF, WCI and CITY have set their hands and seals, as of the day and year first above written. WCI COMMUNITIES LIMITED PARTNERSHIP ATTEST: () (~ By: \<C~J/(l \\ .. vy/y-:/ Roger Dye~s (__ ) V ice-President //i . .: !/-:~ .1/ I / f ,i _ c..-, "./"~" "" " ~1 ~/! v ,f {(~ ~., '_ ",' \"./ t ..AI', /t (,'.. _ ./ J -_ /'~.~:~(-,F Ir., 3-:~cJ~\/'{/'Jl':'-" t:" CITY OF PARKLAND (Corporate Seal) By: #-~k~ Sal Pagh a Mayor ATTEST: (Mun~cipal Seal) Page 3 of3 I C- --- I. "~,i; ,t""^,, . ,- - - I :; ;;; NW I C/ -"') .c.~ ,--- ' \ ~' I" ~o ~ '^' ,i1 i1'''':<.~'' ;i; ;:- '" ~,,- . ~'; " I "i ~ ,}' N......:-. -- .-' I" ~ ,-" ,- /-- --Ii"~ ''""^'' -;" I ~ --/ -n__, b~ JI v-~r-j , Z I I I I In ,~ I!. ,-< ;~ I ---90-- ~. L to > ~ ."'_ ."'.--'............. ___...-,1 ;! o I~ j\P ~~~!_IlJ ^V~~ : c, ~1. ~ \ -, ~ IU-H-AVl I r1 I Cl I -- " '. ,:: I c I c z -< - I c ~ I :u -<( ,~ \ - u I l- A' I ... I , I , I , I , I , I I I , wi ~I V) I ( I t -- ~ -1 -I I , I , I ,-, 1 : " :+= rrl &' r. t ID ~.t Exi+/t,"r II A II q B -/3 -- L_ .- ,- <" , ) l) lJ .V l) 1, l-- -, "1 CJ ( . ( ) l.l .lJ II () l' ." 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