HomeMy WebLinkAbout1998-13 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
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