Okaloosa County BOCC — December 16, 2014 — Traffic Enforcement - Emerald Lakes — reading text

Sherttt _Larry Ashley, Okaloosa County Sheriff Headquarters: 50 24 Street, Shalimar Florida 32579-1234 Phone: (850) 651-7410, Email: Sheriff@sheriff-okaloosa org November 24, 2014 TO: Honorable Board of County Commissioners, Okaloosa County Florida FROM: Sheriff Larry Ashley RE: Agreement for Traffic Enforcement on Private Roads Honorable Commissioners, The Emerald Lakes Property Owners Association, Inc. have requested The Okaloosa County Sheriff's Office to enforce traffic laws within the private gated community known as Emerald Lakes, said community being located on and around Tequesta Drive in Destin Florida. As you are aware, Florida State Statue 316.006(3}(b) provides that a county and sheriff may exercise traffic control jurisdiction over any private road or roads if the county and the party owning such road or roads provided for traffic control jurisdiction by a written agreement approved by the governing board of the county. (See attached agreement) The Emerald Lakes Property Owners Association, Inc. has fulfilled the requirements of 316.006, and is requesting The Board of County Commissioners approval for said enforcement. The Okaloosa County Sheriff’s Office supports The Emeraid Lakes Property Owners Association, Inc. request, and will provide traffic enforcement via The Okaloosa County Sheriff's Office Off-Duty Deputy program. Your consideration of the attached agreement is appreciated. Sincerely, Larry Ashley Sheriff The Okaloosa County Sheriff's Office is accredited by the Commission for Florida Law Enforcement Accreditation “The Okaloosa County Sheriff’s Office provides equal access and equal opportunity in employment and services and does not discriminate” EMERALD LAKES PROPERTY OWNERS ASSOCIATION, INC. 10221 Emerald Coast Parkway West, Suite 23. Miramar Beach, Florida 32550 Tel: (850) 654-8660 Fax: (850) 654-5590 E-Mail: assoc@ecam.net November 24, 2014 County Administrator's Office Mr. Rick Owen, Administrative Manager 1804 Lewis Turner Boulevard, Suite 400 Fort Walton Beach, FL 32547 RE: Traffic Enforcement on Private Roads Dear Mr. Owen, | am writing you on behalf of the Emerald Lakes Property Owners Association, Inc. and its Board of Directors regarding a request to permit the Okaloosa Sheriff's Office to be contracted under a fee-based agreement to enforce traffic control laws (specifically speed/radar enforcement on Tequesta Drive) on the private roads located in the gated community of Emerald Lakes. Per the procedure required, the following measures have or will be taken upon approval from your office; e The Emerald Lakes Property Owners Association, Inc. Board of Directors unanimously approved the measure to allow speeding enforcement to take place in the private, gated community of Emerald Lakes on August 8, 2014 ata properly noticed meeting. e The signed “Agreement for Traffic Law Enforcement on Private Roads” is attached. e The Okaloosa County Sheriffs Office and the Okaloosa Board of County Commissioners has been added to the Association’s liability insurance as requested (certificates are attached). e We have been working with the Department of Transportation to ensure the signage in the community will comply with all documented regulations. Attached you will find pictures of the existing speed limit signs in the Emerald Lakes community. Below are details for next steps upon approval; o All speed limit signs have been changed from 20 MPH fo 25 MPH per ROT regulation (reflective inserts). © The DOT agreed in writing that the decorative signs at 6: in ‘héight would be acceptable with approval from the local jurisdiction... Sergeant Fulghum (East District Sergeant) has agreed that this would be acceptable. «' Please advise if this matter can be voted on/approved at the next: meeting:scheduled for December 2, 2014 at 8:30am. Oak Should you require any additional information or documentation, 1 please do not hesitate to contact me at 850-654-8660, ext. 204. fees ere Sincerely, Erin Calkins, CAM Community Association Manger Enclosures/ cc: Emerald Lakes Board of Directors Sergeant Joseph J. Fulghum, Okaloosa County Sheriff's Office Mr. Roland Sims Jr., Executive Assistant, County Administrator's Office AGREEMENT FOR TRAFFIC LAW ENFORCEMENT ON PRIVATE ROADS This agreement for enforcement of the traffic control laws of the state on private roads located in the gated community of Emerald lakes is entered into by and between Okaloosa county, Florida, (hereinafter “County”), a political subdivision of the State of Florida and Emerald Lakes Property Owners Association, tnc. (hereinafter “Owner”), a Florida corporation organized under the laws of the State of Florida. WITNESSENTH: WHEREAS, Owner owns fee simple title to Tequesta Drive, a private roadway lying within a gated community known as Emerald Lakes (hereinafter “Private Roads”0, more specifically described in Exhibit “A” which is attached hereto and incorporated herein; and WHEREAS, pursuant to state statute, the County does not have traffic control jurisdiction over private roads such as those owned by the Owner; and WHEREAS, Florida Statute 316.006(3)(b) provides that a county and sheriff may exercise traffic control jurisdiction over any private road or roads if the county and the party owning such road or roads provided for traffic control jurisdiction by a written agreement approved by the governing board of the county; and WHEREAS, Florida Statue 316.006(3}(b}(2) further provides that before entering into an agreement for traffic control jurisdiction over private road, the governing board of the county shall consult with the Sheriff and WHEREAS, the Owner wants the County and Sheriff to exercise traffic control jurisdiction upon the Private Roads of said Owner; and WHEREAS, pursuant to consultations between the parties and the Sheriff of Okaloosa County, Florida (hereinafter “Sheriff}, the County and Sheriff are willing to exercise traffic control jurisdiction upon the Private Roads; and WHEREAS, pursuant to Florida Statue 30.2905, the Sheriff operates an off-duty employment program; and WHEREAS, Florida Statute 316.006(3)(b}(2) provides, inter alia, that no such agreement shall take effect prior to October 1 unless that requirement is waived in writing by the Sheriff of the county; and WHEREAS, the Sheriff has waived this provision as evidence by Exhibit “C.” NOW, THEREFORE, in consideration of the covenants and conditions herein, County and the Owner hereby agree as follows: 1. The above recitals are true and correct, and are incorporated herein by reference and forma material part of the Agreement. 2. Jurisdiction. County agrees to exercise jurisdiction over enforcement of the traffic control laws upon the Private Roads pursuant to the terms and conditions expressed in Florida Statute 316.006(3) (b) and subject to the terms and conditions specified in Exhibit “B.” 3. Signage. The Owner shail establish the speed limit for the Private Roads and shall be responsible for posting the speed limit by appropriate FDOT approved signage along said road. 4. Authority in Addition to Existing Authority. The County's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to that authority presently exercised by the County over the Private Roads, and nothing herein shall be construed to limit or remove any such authority. The County Agrees to continue to provide such police and fire services as are required by law. 5. Compensation. The Owner shall compensate the Sheriff for the services performed under this Agreement at an hourly rate specified by the Sheriff, and in the manner specified in Exhibit “B” of this Agreement, which exhibit is incorporated herein by reference. 6. County to Retain Revenues. All revenue from the fines, costs, and penalties imposed by the traffic citations issued for violation of traffic laws on the Private Roads shall be apportioned in the manner set forth in applicable statutes. 7. Liability not increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the County or the Sheriff than that which the County or the Sheriff would ordinarily be subjected to when providing its normal police services. 8. Indemnification. To the fullest extent permitted by law, the Owner shall indemnify, defend, and hold the County and the Sheriff harmless from any loss, cost, damage or expense, including attorneys’ fees, for any action arising out of, related to, or stemming from, either directly or indirectly, the maintenance, repair and/or reconstruction of any roads, road drainage or signage. To ensure its ability to fulfill its obligation under this paragraph, the Owner shall maintain General Liability insurance and shall file with the County current certificates of the required insurance providing a thirty (30) day advance written notice of cancellation. Such insurance shall: (a) name the County and Sheriff as additional insured as it relates to activities other than law enforcement activities or deputy sheriff duties conducted pursuant to this contract; and (b) be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the County. 9. Road Maintenance. Neither the existence of this Agreement nor anything contained herein shail impose any obligation or duty upon the County to provide maintenance on and/or drainage of the Private Roads. The maintenance, repair and construction or reconstruction of all Private Roads drainage and signage within the gated community of Emerald Lakes shall at all times be solely and exclusively the responsibility of the Owner. 10. Term. The term of this Agreement shall be for one year, comimencing on the date of the execution by the last of the two parties signing hereto, and this Agreement shall thereafter automatically continue for successive one year terms unless terminated by any party by thirty (30) days written notice to the other parties; provided, however, payments are made by the Owner in accordance with paragraph 5 and Exhibit “B” hereof. The provisions of Paragraph 8 herein shall survive the termination of this Agreement. 11. Entire Agreement. This Agreement, including ail exhibits attached hereto, constitutes the entire understanding and agreement between the parties and may not be changed, altered, or otherwise modified except when reduced to writing and executed in the same manner with approval by the Board of County Commissioners. 12. Notice. All notices to be given shall be in writing and sent by certified mail, return receipt requested, to the following addresses: As to County: Okaloosa County Administrator- Rick Owen 1804 Lewis Turner Blvd. Ft. Walton Beach, Fl. 32547 850-651-7515 Okaloosa County Attorney- Greg Stweart P.O. Box 404 Shalimar, Fl. 32579 850-651-1679 As to Sheriff: As to the Owner: Okaloosa county Sheriff's Office--Larry Ashley 50 2" Street Shalimar, Fl. 32579 850-651-7410 Emerald Lakes Property Owners Association, Inc. 10221 Emerald coast Parkway West, Suite 23 Miramar Beach, Florida 32550 850-654-8660 IN WITNESS WHEREOF, the parties have executed this Traffic Law Enforcement Agreement for Emerald Lakes Property Owners Association, Inc., on the dates indicated below. Dated this 24° Day of November 2014 Witness: By: Okaloosa County | Ou ruk Diwrevwse go, Zeb Okaloosa Codnty Sheriff's OFF _ BS Emerald Lakes Property Owners Assoc., Inc. st OFFICIAL RECORDS ++ BK 1998 PG 1020 EXHIBIT “A” LEGAL DESCRIPTION OF THE PROPERTY A PORTION OF UNSECTIONALIZED TOWNSHIP 2 SOUTH, RANGE 22 WEST, OKALOOSA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS = COMMENCING AT THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 2 SOUTH, RANGE 21 WEST, WALTON COUNTY, FLORIDA, THENCE RUN souvz O1 DEGREES 00 MINUTES 22 SECONDS WEST ALONG THE WEST BOUNDARY (ALSO BEING THE EAST BOUNDARY OF UNSECTIONALIZED TOWNSHIP 2