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R93-198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 31 32 RESOLUTION NO .~93-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYHTON BEACH, FLORIDA, AUTHORIZING A TRAFFIC CONTROL JURISDICTION AGREEMENT WITH HUNTER'S RUN HOMEOWNERS ASSOCIATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is authorized to exercise jurisdiction over ~i~a~e- roads and limited access roads within its boundaries provided it enters into a written approved by the City Commission; and WHEREAS, the Hunter's Run community through agreement its master association has requested limited traffic enforcement within the Hunter's Run community; and WHEREAS, the City has the ability and desire to provide limited traffic enforcement for the benefit of the citizens of Hunter's Run community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, THAT: The foregoing WHEREAS clauses are true and hereby ratified and confirmed by the City THE CITY OF Section 1. correct and Commission. Section 2. execute Boynton which is DAY OF ~z~z~ The Mayor and City Clerk are authorized to the Traffic Control Agreement between the City of Beach and the Hunter's Run Association, a copy of attached hereto as Exhibit "A". Section %. This Resolution shall become effective i~ediately upon passage. PASSED AND ADOPTED THIS ~/ 1993. // ~¥0 CO~ISS~O~ER ~ A~EST: Page 1 MUNICIPAL TRAFFIC CONTROL JURISDICTION AGREEMENT FOR HUNTER' S RUN HOMEOWNER' S ASSOCIATION THIS AGREEMENT, made and entered into this -~/ day of-~~ 1993, by and between: CITY OF BOYNTON BEACH, FLORIDA a municipal Corporation 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 (hereinafter referred to as CITY) AND HUNTER'S RUN HOMEOWNER'S ASSOCIATION 3700 Club House Lane Boynton Beach, FL (hereinafter referred to as ASSOCIATION) W I TNE SETH: WHEREAS, ASSOCIATION is the party who owns or controls certain private roads lying and being in the City of Boynton Beach, Palm Beach County, Florida, which subdivision is, (hereinafter referred to as HUNTER'S RUN); and WHEREAS, ASSOCIATION does not have the power to enact or enforce traffic laws within HUNTER'S RUN nor can it hire others with police power to do so for it; and WHEREAS, signs installed on private roads in HUNTER'S RUN "establishing" speed limits and other restrictions cannot be effectively enforced by ASSOCIATION, 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 CITY, wherever they may be situated; and WHEREAS, the funds to provide sufficient traffic enforcement for privately owned roads have no~ been provided in CITY's budget; 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, ASSOCIATION hereby grants to CITY and CITY hereby accepts from ASSOCIATION, municipal traffic control jurisdiction over all those certain private roads in HUNTER'S RUN. (2) The City of Soynton Beach Police Department shall provide traffic enforcement service on certain private roads in HUNTER'S RUN. This level of service shall be determined solely by the City of Boynton Beach Chief of Police and shall be based upon the availability of police personnel. (3) increased CITY the ($-~-) officer. In order to reimburse the CITY for the actual costs of this traffic control and enforcement, ASSOCIATION shall pay to amount of i~°-o . dollars per hour for one (1) fully equipped traffic enforcement (4) The Police Department shall choose the hours and days of operation, the choices may be based upon information from ASSOCIATION and the observations of the Police Department. (5) ASSOCIATION shall be billed upon a monthly basis and shall p~omptly pay such bill within ten (10) days of receipt. (6) Traffic control devices must conform to the requirements contained in the United States Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways as adopted b~ the City of Boynton Beach City Commission. The determination as to whether the signs meet the warrants for installation and/or conform to the manual shall be made solely by CITY. (7) To the fullest ex%ent permitted by law, ASSOCIATION shall indemnify, defend, save and hold harmless the CITY, its officers, agents and employees, from all claims, damages, losses and liabilities arising out of or alleged to have arisen out of or in consequence of the operations, acts, omissions, negligence or tortious conduct of the ASSOCIATION or its agents, officers, servants, independent contractors or employees pursuant to this Agreement. Such indemnification shall not include indemnification for damages, losses or liabilities caused by CITY's active negligence. (8) This Agreement may be modified in writing by mutual agreement of the parties. (9) This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. 2 IN WITNESS WHEREOF, ASSOCIATION and CITY have set their hands and seals, as of the day and year first above written. ATTEST: Cif~ Clerk STATE OF FLORIDA COUNTY OF~PALM BEACH CIT~~. BEACM, FLORIDA The foregoing instrument was acknowledged before me, the undersigned notary public in and for the State of Florida, on this the ~2. day of ~e~t~ , 1993, by Edward Harmening and Suzanne Kruse, Mayor and City Clerk respectively. HUNTER'S RUN HOMEOWNE4%'S ASSOCIATION STATE OF FLORIDA COUNTY OF PALM BEACH On this, the // day of ~--~/~9 , 199~, before me, the undersigned Notary Public of the ~ta~e of Florida, the foregoing instrument was acknowledged by ~70~ of HUNTER'S RUN HOMEOWNERS ASSOCIATION, on behal~ of the corporation. Notary Public Personally known to me, or _ Produced identification: Traffic.Agr H/Run 11/10/93 ' .OTARy PUBLIC, STATE O~ FLORIDA.