TRAFFIC ENFORCEMENT AGREEMENTC. {
TRAFFIC ENFORCEMENT AGREEMENT
THIS TRAFFIC ENFORCEMENT AGREEMENT, ("Agreement") is made and
entered into as of the day of (K , 2010 by and between Spring Lake
of Clearwater Homeowner's Association, Inc. whose mailing address is 1855
Springbush Lane, Clearwater, FL 33763 (hereinafter referred to as the "Association"),
and the City of Clearwater, a Florida municipal corporation, whose mailing address is
P.O. Box 4748, Clearwater, Florida 33758-4748 (herein referred to as the "City").
WHEREAS, the Association owns and/or controls those private roads within the
Spring Lake subdivision, which is located in Pinellas County, Florida, and within the
corporate limits of the City of Clearwater, Florida (herein referred to as the "Private
Roads"); and
WHEREAS, Florida Statutes §316.006(2)(b) (2009) authorizes the City, subject
to certain provisions, to enter into an agreement with the Association whereby the
Association grants unto the City traffic control jurisdiction over the Private Roads within
the subdivision controlled by the Association; and
WHEREAS, Florida Statutes §316.640(3) (2009) authorizes the City to require
that the City police department enforce the traffic laws of the State of Florida on any
private roads pursuant to a written agreement under Florida Statute §316.006(2)(b)
(2009); and
WHEREAS, the Association and the City desire to have the Association grant
unto the City traffic control jurisdiction over the Private Roads as authorized by Florida
Statutes §316.006(2)(b) (2009) so that the City may enforce the traffic laws of the State
of Florida on the Private Roads; and
WHEREAS, this Agreement has been duly approved and authorized by the
Association in accordance with its Articles of Incorporation, Bylaws and other applicable
governing documents.
NOW, THEREFORE, the parties hereto agree as follows:
1. Traffic Control Jurisdiction. The parties agree that the City shall have traffic
control jurisdiction over the Private Roads and that police officers, traffic crash
investigation officers, and traffic enforcement officers of the City Police Department are
authorized to enter upon the Private Roads for the purpose of exercising this
jurisdiction. Such jurisdiction shall give to the City the authority to enforce the Florida
Uniform Traffic Control Laws on the Private Roads. The exercise of jurisdiction
provided for herein shall be in addition to jurisdictional authority presently exercised by
the City under law, and nothing in this Agreement shall be construed to limit or remove
any such jurisdictional authority.
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2. Traffic Enforcement. The City hereby agrees that the City police department will
enforce the Florida Uniform Traffic Control Laws on the Private Roads; however, the
foregoing shall not be construed to require any minimum level of staffing or create any
priority for traffic enforcement on the Private Roads. All decisions regarding the level of
traffic enforcement on the Private Roads and staffing related thereto shall be within the
sole discretion of the City police department.
3. Traffic Control Si ns. All traffic control signs within the subdivision shall be uniform
traffic control signs conforming to the manual and specifications of the Florida
Department of Transportation as stated in the Florida Statutes and shall be installed and
maintained by the Association at its sole cost. The City shall have the right at any time
to require additional traffic control signs and other traffic control apparatus as the City
may deem to be necessary for the enforcement of traffic laws on the Private Roads.
4. Indemnification. The Association hereby agrees to indemnify and save the City
harmless from and against all losses, costs, expenses, claims, damages, judgments,
liabilities and causes of action whatsoever (collectively, "Claims") including reasonable
attorneys' fees and paralegal fees, both at trial and at appellate levels, arising out of or
alleged to have arisen out of the City's entering into this Agreement. Nothing herein
shall be construed to include within the foregoing indemnity any liability on the part of
the Association for Claims arising out of acts of negligence by the City. The City shall
use its best efforts to promptly notify the Association in writing of any Claims based on
this Agreement and shall provide the Association with information regarding the Claims
based on this Agreement as the Association may reasonably request, but the failure to
give such notice or provide such information shall not diminish the obligations of the
Association under this Section. No Claims whatsoever shall be made or asserted
against the City by the Association for or on account of anything done or as a result of
anything done or omitted to be done in connection with this Agreement except for
claims related to gross negligence or willful misconduct by the City. Nothing herein shall
be deemed a waiver of the privileges and immunities granted to the city under Florida
Statute §768.28. This indemnification shall survive the cancellation of this agreement.
The Association's duties of indemnification as provided herein shall be limited to the
extent of coverage under the liability insurance required to be carried by the Association
pursuant to paragraph 5 below.
5. Insurance. The Association shall provide liability insurance to cover the
indemnification in the amount of $1,000,000 and name the City as an additional insured.
6. Compensation. Traffic enforcement shall be performed by the City police
department during routine patrol at no charge. If the Association requests a special
traffic-enforcement detail, then the City police department shall have the right to collect
from the Association the prevailing rate that the City police department charges for
extra-duty assignments.
7. Term. This agreement shall take effect upon execution and approval by the City of
Clearwater City Council and the Association and shall continue in full force and effect
until cancelled by either party.
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8. Termination. Either party may cancel its participation in this agreement upon
delivery of 30 days written notice to the other party.
SPRING LAKE OF CLEARWATER HOMEOWNERS' ASSOCIATION, INC.
Chuck Bohac
President
Attest:
SheK uroghl' n
Secretary
CITY OF CLEARWATER, FLORIDA
??> *A4t51 !/- By' 'q.. "
Frank V. Hibbard William B. Horne, II
Mayor
Approved as to form:
?&-74 t - Z L-IM&
Robert urette
Assistan ity Attorney
City Manager
Attest:
:hia E. Goudeau
Clerk
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