R06-006
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RESOLUTION R06- DO'=>
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT
FOR TRAFFIC ENFORCEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND
CRYSTAL KEY @ WOOLBRIGHT PLACE
HOMEOWNER'S ASSOCIATION, INC.; AND
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Crystal Key @ Woolbright Place Homeowner's Association, Inc.,
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(hereinafter referred to as "Association") owns or controls certain private roads lying and
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being in the City of Boynton Beach, Florida; and
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WHEREAS, Association does not have the power to enact or enforce traffic laws
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within the Association, nor can it hire others with police power to do so; and
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WHEREAS, pursuant to Chapter 316.006(b), Florida Statutes, the Association hereby
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grants to the City of Boynton Beach, municipal traffic control jurisdiction over all those
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certain private roads in said Association.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
31 hereby authorize and direct the Mayor and City Clerk to execute the Agreement for Traffic
"
Enforcement between the City of Boynton Beach, Florida and Crystal Key @ Woolbright
2 Place Homeowner's Association, Inc., attached hereto as Exhibit "A".
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Section 3.
This Resolution will become effective immediately upon
4 passage.
5 PASSED AND ADOPTED this -.!3_ day of January, 2006.
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AGREEMENT
RO"-OOb
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THIS AGREEMENT is entered into, this ~ day of Ja.,n uo.ry , 2001. by and
between:
CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation organized and existing under the laws of the State of
Florida, with a business address of 100 East Boynton Beach,
Florida 33425, hereinafter referred to "CITY,"
and
CRYSTAL KE '{ AT WOOLBRIGHT PLACE HOMEOWNbR'S
ASSOCIATION, INe., a master association of the homeowner
association(s) of the development known as Crystal Key
("Development"), having a business address of c/o Point
Management Group, 75 N.E. 6th Avenue, Suite 206, Delray Beach,
FL 33483, hereinafter called "ASSOCIATION."
WHEREAS, CITY recognizes that it has full power and jurisdiction to patrol on private
property to enforce all of the laws of the nation, state, county and city, duly enacted, excluding
those of traffic control and enforcement; and
WHEREAS, ASSOCIATION specifically recognizes the above; and
WHEREAS, ASSOCIATION wishes to grant CITY the authority to exercise jurisdiction
for traffic regulation purposes over any private or limited access road or roads of specified
private segments of the ASSOCIATION, pursuant to S316.006(b) Florida Statutes;
WITNESSETH:
NOW, THEREFORE, for and in consideration of the mutual covenants and
undertakings or the pa..'1:it;~ h;;reto, ano other good and valuable considerations, the parties hereto
covenant and agree, each with the other as follows:
1.0 Ratification. The foregoing preamble is hereby ratified and confirmed as true
and correct and incorporated herein.
2.0 Recognition of Jurisdiction. The ASSOCIATION hereby recognizes the
jurisdiction of CITY over any private or limited access road or roads within the property
indicated on the map attached hereto as Exhibit "A," for traffic control purposes.
3.0 The ASSOCIATION shall provide CITY with a Resolution of the
ASSOCIATION attached as Exhibit "B", evidencing the ASSOCIATION's desire for CITY's
services hereunder and authorizing the ASSOCIATION to enter into this Agreement.
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The CUll 01 Bollutou Beach
Citl) Clerk's aliice
100 E BOYNTON BEACH BLVD
BOYNTON BEACH fL 33435
(561) 742-6060
FAX (561)742-6090
e-mail: prainitoj@ci.bol)nton-beach.H.us
www.boynton-beach.org
January 12, 2006
Crystal Key Homeowner's Association
Attn: Abner Galdos, Presedent
174 Hemming Way
Boynton Beach, FL 33426
Re: RESOLUTION NO. R06-006 Authorizing and Directing the Mayor and
City Clerk to execute an agreement for traffic enforcement between
the City of Boynton Beach and Crystal Key @Woolbright Place
Homeowner's Association, Inc.
Dear Mr. Galdos:
Attached for your information and files is a copy of Resolution No. R06-006 and one
fully executed Agreement that was approved by the City Commission at their regular
meeting on January 3, 2006.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
Yn. p~
et M. Prainito, CMC
Clerk
Attachments
c: Matt Immler, Chief of Police
S:ICCIWPIAFTER COMMISSIONlOlher Transmillal Letters A/ler CommissionlTRANSMITTAL LETTER ACHlEvA,<ioc.America 's Gateway to the
Gulfstream
4.0 Exercise of Jurisdiction. The CITY hereby agrees to exercise jurisdiction for
traffic control purposes over any private or limited access road or roads within the property
within the Development listed on attached Exhibit "A."
4.1. The City of Boynton Beach Police Department agrees to provide a minimum
base level of traffic enforcement service on all those certain private roads in the Development
identified in Exhibit "A."
4.2.The level of service provided the CITY shall be determined solely by the
Boynton Beach Chief of Police and shall be based upon the availability of police personnel.
4.3.The Police Department shall choose the hours and days of operation, but
these choices shall be based upon information from ASSOCIATION and the observations of the
Boynton Beach Police Department and Public Works Department.
5.0 Signs and Markings. In order to permit CITY to perform pursuant to the terms
of this Agreement, and to ensure appropriate jurisdictional and enforcement authority:
5.1.All traffic control devices on and along the private or limited access roads
within the Development identified in Exhibit "A" must conform to the requirements contained
in the United States Department of Transportation Manual on Uniform Traffic Control Devices
for Streets and Highways (the "MUTCD") and CITY Engineering Standards. The determination
as to whether signs or other traffic control devices meet the installation requirements and/or
conform to the MUTCD and CITY Engineering Standards, shall be made solely by CITY. The
CITY may conduct any necessary traffic engineering studies to determine appropriate regulatory
traffic control within the ASSOCIATION.
5.2.In the event ASSOCIATION has installed traffic calming devices that do not
conform with existing CITY and MUTCD standards, on or along the private or limited access
roads within the Development identified in Exhibit "A," such as speed humps and/or speed
bumps, ASSOCIATION shall, at its sole expense, cause such devices to be removed within thirty
(30) days of execution of this Agreement if CITY so requests or a traffic engineering study
determines that the existing traffic calming devices are not warranted. Further, ASSOCIATION
shall not install any traffic calming devices on or along its private or limited access roads during
the term of this Agreement without the express written consent of the City of Boynton Beach
Public Vi orks Department.
5.3.ASSOCIATION shall purchase and install all signs, signage, posts, pavement
markings, and other necessary traffic control, as prescribed by the CITY, as necessary for traffic
control purposes. Should CITY determine that traffic-calming measures are appropriate,
ASSOCIA TION shall incur all costs of designing and installing such measures. ASSOCIATION
shall be responsible for maintenance of any traffic control devices and traffic calming measures
necessary or desirable for the enforcement of traffic laws.
6.0 Insurance. The ASSOCIATION agrees to maintain insurance under its general
liability policy for all actions arising out of or in any way connected to this Agreement under
minimum policy limits of $1,000,000. Proof of insurance shall be provided to the City Risk
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Manager upon execution of this Agreement.
7.0 Gated Entrances. In the event access to any portion of the ASSOCIATION's
private or limited access roads is through a gate, ASSOCIATION shall take steps to ensure
access by means other than gate codes, such as siren activated gates, Knox Box, or by bar-coding
of vehicles, so as to permit uninhibited access by authorized police vehicles and prevent any
delay in access to ASSOCIATION property. ASSOCIA nON shall provide gate access codes to
the Public Works Department for purposes of conducting traffic engineering analyses.
8.0 Term. The term of this Agreement shall be five (S) years, effective on the date of
execution, provided that either party may terminate this Agreement without penalty upon sixty
(60) days notice by notifying the opposite party in writing of its intention to do same.
9.0 General Law Enforcement Jurisdiction. ASSOCIATION recognizes the
authcrity of CITY to patrol an private property, incbding .t\.SSOCIATION's property, to cnfo~ce
all laws of the nation, state, county and city other than for traffic control purposes, and same is
done by Boynton Beach Police Department and other appropriate law enforcement agencies
pursuant to law, and not through this or any other Agreement.
10.0 Notices. All notices which shall or may be given pursuant to this Agreement
shall be in writing and delivered personally or transmitted (a) through the United States mail, by
registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service;
or ( c) by facsimile or email transmission, if a hard copy of the same is followed by delivery
through the U.S. mail or by overnight delivery service as just described, addressed as follows:
To CITY: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
Telephone No. (561) 742-6010
Facsimile No. (561) 742-6011
with a copy to: G. Matthew Immler, Chief of Police
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Telt:phoLe No. (561) 742-6100
Facsimile No. (561) 742-6185
To ASSOCIATION: Crystal Key@ Woolbright Place Homeowner's Association, Inc.
Attn: Abner Galdos, President
174 Hemming Way
Boynton Beach, FL 33426
Telephone No. (561)
Facsimile No. (561)
Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after
deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery.
Either party may from time to time designate any other address for this purpose by written notice
to the other party delivered in the manner set forth above.
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11.0 Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
12.0 Modification of Agreement. This Agreement may be modified upon mutual
consent of the parties only in writing, and executed with the same dignity herewith.
13.0 Legal Representation. It is acknowledged that each party to this Agreement had
the opportunity to be represented by counsel in the preparation of this Agreement and,
accordingly, the rule that a contract shall be interpreted strictly against the party preparing same
shall not apply due to the joint contribution of both parties.
14.0 Binding Auth',dty. Each pefson signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and to bind and obligate such party with
respect to all provisions contained in this Agreement.
15.0 Governing Law. This Agreement shall be governed by the laws of the State of
Florida, with venue lying in Palm Beach County, Florida.
16.0 Additional Terms upon Modification or New Agreement. Nothing herein shall
preclude the parties from modifying this Agreement during the term of such, or, upon completion
of the term, entering into another Agreement, to provide for additional or revised terms.
IN WITNESS WHEREOF, CITY and ASSOCIATION have executed this Agreement
uly authorized officers, this ~ day ofJa.nuo.r1 ' 2001.
b'
CITY OF BOYNTON BE
BY:
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APPROVED AS TO FORM:
BY: ~ '/(,.{'01f
OFFICE OF THE CITY A T1bRNEY
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STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appec.~'ed, AB~'ER t]ALDOS, as Presidert of CRYSTAL KEY @ V.rOLLBFJGHT
PLACE HOMEOWNER'S ASSOCIATION, INe., on behalf of and duly authorized to execute
the same, and acknowledged he executed the foregoing Agreement for the use and purposes
mentioned in it, and who is personally known to me or has produced
as UIentification.
IN WITNESS OF THE FO~GOING, I have set my hand and official seal at in
the State and County aforesaid on thisQ day of No~005.
cfJ tll~ CJJbt-
NOTARY PUBLIC .1 jLI 00
My Commission Expires: - ~
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EXHIBIT" A"
DIAGRAM AND DESCRIPTION OF ASSOCIATION PROPERTY
CONTAINING THE SUBJECT PRIVATE ROADS
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EXHIBIT "B"
ASSOCIATION'S AUTHORIZATION TO ENTER
INTO THIS AGREEMENT
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CRYSTAL KEY HOMEOWNERS ASSOCIA nON
SEPTEMBER 27, 200S
MINUTES
President Abner Galdos called the meeting to order at 7:00 pm. Present for the meeting was Jan
Lindway and Mike Quan. Eric Estebanez was present on behalf of Pointe Management Group.
Willie Feliciano and Eugene Ford were absent.
Motion made by Mike Quan to approve the minutes of June 28, 200S was seconded by Jan
Lindway and carried unanimously.
Financial Report:
Eric Estebanez gave the financial report for the month ending of August. There was $29,200.00
in the operating account, $16,400.00 in the AmTrust reserve account and the month ran at a loss
of$37S.00. The receivables were at $14,000.00 mostly due to those homeowners owing for the
berm repayment.
Manager's Report:
Eric Estebanez read the Manager's report. A copy is on files for future reference.
Motion made by Abner Galdos to approve the extension letter to the city with the change from
sixty days to ninety days. Second by Jan Lindway and carried unanimously.
Old Business:
Discussion ensued regarding those homeowners that are delinquent in the berm re-payment.
Motion made by Mike Quan to not send any homeowners delinquent on berm payments any final
notices for the next six months. Second by Jan Lindway and carried unanimously.
Motion made by Jan Lindway that each homeowner must pay S% ofthe re-payment for the next
six months, and then will be revisited. All late fees to date will be waived, if no payments have
been made after three months then the homeowner will receive a final notice and be sent to the
attorney. Second by Mike Quan and carried unanimously.
Discussion ensued regarding homeowners parking in the pool parking lot. The Board stated that
they will e-mail Pointe Management with the wording for a new sign for the pool parking lot.
Motion made by Mike Quan to buy a new pool parking sign when the e-mail wording is sent was
seconded by Jan Lindway and carried unanimously.
New Business:
The Board will be signing a contract with the City of Boynton Beach to enforce all rules within
the community. The topic of changing the speed limit within the community was discussed.
Motion made by Abner Galdos to accept the contract with the city of Boynton Beach and to
change the speed limit within the community to be as low as possible within the law. Second by
Jan Lindway and carried unanimously.
Motion made by Abner Galdos to purchase 'children at play' and speed limit signs as needed
was seconded by Jan Lindway and carried unanimously.
Motion made to adjourn the meeting at 8:00 pm.
The CUll 01 Bollnton Beach
CitlJ Clerk's OHice
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX (561)742-6090
e-mail: prainitoj@cibolJnton-beach.H.us
www.boynton-beach.org
January 12, 2006
Crystal Key Homeowner's Association
Attn: Abner Galdos, Presedent
174 Hemming Way
Boynton Beach, FL 33426
Re: RESOLUTION NO. R06-006 Authorizing and Directing the Mayor and
City Clerk to execute an agreement for traffic enforcement between
the City of Boynton Beach and Crystal Key @Woolbright Place
Homeowner's Association, Inc.
Dear Mr. Galdos:
Attached for your information and files is a copy of Resolution No. R06-006 and one
fully executed Agreement that was approved by the City Commission at their regular
meeting on January 3, 2006.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
Yn. p~
Attachments
c: Matt Immler, Chief of Police
S:\CCIWPIAFTER COMMISSfOMOlher Transmilla/ Lel/ers After CommissionITRANSM/7TAL LE7TER ACHIEvA,<ioc.America 's Gateway to the
Gulfttream