Agenda 04/10/2012 Item #16D 24/10/2012 Item 16.D.2.
EXECUTIVE SUMMARY
Recommendation to approve a budget in the amount of $21,880 for the Vanderbilt Beach Access
signage installation and access amenities pursuant to a Board approved Settlement Agreement
dated August 29, 2011, and make a finding that this item promotes tourism.
OBJECTIVE: To approve a budget in the amount of $21,880 for the Vanderbilt Beach Access signage
installation and access amenities pursuant to a Board approved Settlement Agreement dated August 29,
2011, and make a finding that this item promotes tourism.
CONSIDERATIONS: This budget is required and necessary pursuant to a Board approved Settlement
Agreement in the lawsuit styled: Charles V. Chaffee, et. al., v. Collier County, to address the relative cost
considerations for the engineering, permitting, and construction cost associated with the following
improvements to the Vanderbilt Beach Access Easements throughout the Gulf Shore Drive corridor:
Description of work
Estimated Budget
Beach Access Signage Engineering & Permitting
$19,480.00
Installation of Bike Racks (4 )
$2,400.00
TOTAL 1
$21,880.00
The above required scope of work is consistent with the recommended improvements in accordance with
the recently established "Settlement Agreement" attached herewith. The improvements to the beach
access easements were previously placed on -hold pending the results of the aforementioned "Settlement
Agreement," whereas staff have now been directed to move forward with the project.
The proposed beach access anticipated improvements have also been vetted with the Vanderbilt MSTU
through Collier County's Alternative Transportation Department.
FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax. Budget is
available for the project in Fund 183. Funding was approved for this project in the FY 11/12 budget in
Fund 183, Project 80058.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
ADVISORY COMMITTEE RECOMMENDATION: At the PARAB March 21, 2012 meeting
recommendation to approve this item passed unanimously by a 7 to 0 vote.
At the TDC March 25, 2012 meeting recommendation to approve this item passed unanimously by a 8 to
0 vote.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
requires majority vote, and is legally sufficient for Board action. — CMG
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4/10/2012 Item 16.D.2.
RECOMMENDATION: To approve a budget in the amount of $21,880 for the Vanderbilt Beach
Access signage installation and access amenities pursuant to the Board approved Settlement Agreement
dated August 29, 2011 and make a finding that this item promotes tourism.
PREPARED BY: J. Gary McAlpin, P.E., Director, Coastal Zone Management Department
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4/10/2012 Item 16.D.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2.
Item Summary: Recommendation to approve a budget in the amount of $41,360 for the
Vanderbilt Beach Access signage installation and access amenities pursuant to a Board
approved Settlement Agreement dated August 29, 2011, and make a finding that this item
promotes tourism.
Meeting Date: 4/10/2012
Prepared By
Name: HambrightGail
Title: Accountant,Coastal Zone Management
2/14/2012 5:02:25 PM
Submitted by
Title: Accountant,Coastal Zone Management
Name: HambrightGail
2/14/2012 5:02:26 PM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 2/22/2012 1:42:23 PM
Name: McAlpinGary
Title: Director - Coastal Management Programs,Coastal Zon
Date: 2/28/2012 1:34:54 PM
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 3/9/2012 1:55:11 PM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 3/21/2012 10:03:22 AM
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Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 3/22/2012 11:41:59 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/29/2012 4:22:35 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 4/3/2012 8:32:09 AM
Name: OchsLeo
Title: County Manager
Date: 4/3/2012 12:35:32 PM
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4/10/2012 Item 16.D.2.
INSTR 4617049 OR 4728 PG 898 RECORDED 10/18/2011 10:03 AM PAGES 10 4/10/2012 Item 16.D.2.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $86.50 INDX $11.00
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ( "Agreement ") is made and entered into by and
between Charles V. Chaffee and Karen J. Chaffee, Rick Harwick and Kathy iHarwick, James H.
Kabcenell and Rhonda A. Kabcenell, Robert F. Fritz, Jr. and Patricia M. Fritz, Nancy Jane Kay,
Trustee of the Nancy Jane Kay Revocable Trust Dated July 14, 1998, Robert A. Burns and
Nancy C. Bums, Glen T. Blaugh and Sandra Blaugh ( "Plaintiffs ") and Collier County, Florida
( "County ") (collectively, "the Parties ") and is effective as of the first date written below.
WHEREAS, Plaintiffs filed
Collier County, Florida in which
"Litigation "); and
WHEREAS, P
three beach access wal
WHEREAS, the
(the "Released Claims "), in
C,-
to avoid further
1618 -CA pending in the Circuit Court of
,;12
is named as defendant (the
garding the allowable uses of
at issue in the Litigation
n; and,
WHEREAS, the Pa ve consulted wit�'tki !2by ective legal counsel regarding
their rights and desire to reso�the t R lean i way of this Agreement, which
constitutes a compromise b mplete and final civil settlement of the
Released Claims as between them.
NOW, THEREFORE, in consideration of the promises and the mutual covenants and
undertakings contained herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the Parties, the Parties agree to the following
terms and conditions as full and complete settlement of this action:
1. This Settlement Agreement applies to the three beach access walkways on Gulf Shore
Drive located across from Channel Drive between 10315 Gulfshore Drive and 10341
Gulfshore Drive ( "Channel Walkway "), Seabreeze Avenue between 10217 Gulfshore
Drive and 10I73 Gulfshore Drive ( "Seabreeze Walkway ") and Bayview Avenue
between 10073 Gulfshore Drive and 10047 Gulfshore Drive ( "Bayview Walkway ",
collectively, the "Walkways" and each a "Walkway ")
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4/10/2012 Item 16.D.2.
OR 4728 PG 899
2. The County will maintain the Channel Walkway and the Seabreeze Walkway in their
natural state in the future.
3. The County will be permitted to repair and maintain the existing boardwalk within
the Bayview Walkway. The existing boardwalk improvements may also be replaced
within the same footprint. In all other respects, the County will maintain the Bayview
Walkway in its natural state.
4. The County may place bike racks at each Walkway.
5. Except for the boardwalk in the Bayview Walkway and bike racks at each Walkway,
the County will make no improvements to the Walkways whatsoever, including,
without limitation, the addition of trash cans or toilet facilities. The County may
place small signs at each W k-N , r �' users to take all trash with them.
6. The County may ins s- Qfi"poiirs-+tfi �ad right -of -way at each Walkway.
The signs will rea ch Access" and inclu th County logo. The signs will be
the same as, an in all cu ntly th, sig s a all other beach access points
along Gulf Sho D ' , b t .1 n t an 6" wide and 30" tall and will
be installed at t �-^ l wed n er Oki ting codes. The County will
not use pavemet t kings at any of ththre ays. The installation of any
sign shall not crea the County any ek o�Sr plied rights or obligations, not
already set forth in tht'�
7. The County shall not cow a or drop -off program at any of the
Walkways.
8. The Plaintiffs do not object to people using the Walkways for non - commercial
recreational purposes However, County agrees that its own use of any of the
Walkways will be solely for beach access by emergency personnel, sea turtle
monitoring and to conduct beach maintenance.
9. The County will not discriminate in any manner with respect to beach maintenance
along Vanderbilt Beach, including, without limitation, near the Walkways.
10. Upon executing this Settlement Agreement, Plaintiffs hereby release and forever
discharge County, its employees, agents, successors and assigns from any and all
claims and/or causes of action that were asserted, or could have been asserted, in the
above - captioned action. County likewise releases Plaintiffs, their attorneys and their
heirs, successors and assigns in the same manner as described herein.
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oR 4728 PG 900
4/10/2012 Item 16.D.2.
11. The Parties agree to file with the Court a Stipulation for Dismissal of this action with
prejudice, and to allow the Court to retain jurisdiction to enforce this Settlement
Agreement. The Stipulation for Dismissal With Prejudice shall be filed within three
(3) days after the Parties have executed this Stipulation.
12. The Parties agree, warrant, and represent that they have carefully read the contents of
this Settlement Agreement; that they do so with full knowledge of any rights which
they may have; that they have received independent legal advice from their respective
attorneys with respect to the matters set forth in this Settlement Agreement; and that
they freely have signed this Settlement Agreement without reliance upon any
agreement, promise, statement or representation by or on behalf of the Parties or their
respective attorneys, excep in„this Settlement Agreement. Each person
executing this Settle emen uthorized to sign on behalf of its
respective party a t . ind that party.
13. This Settlement gr cm st' tes t e entire re ment between the Parties with
respect to the bj t r e s a I prior and contemporaneous
oral and writt e s i ussi s modification, alteration, or
amendment to t ' ttlement Agreeme 5v id f no force or effect unless it is
in writing and sig all the Parties. G
14. If any provision of t AgreCt found to be invalid by a Court of
competent jurisdiction, suc ct the validity of any other provisions of
this Settlement Agreement.
15. The Parties acknowledge that each patty has participated in the preparation of this
Settlement Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in its
interpretation.
16. This Settlement Agreement shall bind and inure to the benefit of the Parties hereto,
their successors and assigns and their respective agents, servants, and employees.
17. This Settlement Agreement supersedes all prior understandings, representations and
negotiations between the Parties, and may be modified or amended only by a writing
executed by all of the signatories hereto.
18. The laws of the State of Florida shall govern this Settlement Agreement.
19. The Parties agree that they will each bear their own attorney's fees and costs incurred
in connection with the Litigation.
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OR 4728 PG 901
4/10/2012 Item 16.D.2.
20. In the event of any breach of any representation, warranty, covenant, or provision in
this Settlement Agreement by any party and such breach continues for more than ten
(10) days after written notice from the non - breaching party to the breaching party,
then, at the non - breaching party's option, the non - breaching party may pursue such
remedies as may be available at law or in equity to protect and enforce its rights
under this Settlement Agreement. In connection with any litigation, including
appellate proceedings, arising out of this Settlement Agreement, the prevailing party
or parties shall be entitled to recover reasonable attorney fees and costs from the non -
prevailing party or parties.
21. This Settlement Agreement can be executed in any number of counterparts, each of
which shall be taken to �c�f�nstrument, for the same effect as if all
Parties hereto had sib rfie stg ttj �\
CH ES V. CHA �` '�` CHAFFEE��
Date: (2 Irl `� '� 1,79,Zl'l
RICK HARWICK � � Cl C/ KATHY HARWICK
Date:
JAMES H. KABCENELL
Date:
-4-
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Date:
RHONDA A. KABCENELL
Date:
OR 4728 PG 902
rs
21.
4/10/2012 Item 16.D.2.
In the event of any breach of any representation, warranty, covenant, or provision in
this Settlement Agreement by any party and such breach continues for more than ten
(10) days after written notice from the non - breaching party to the breaching party,
then, at the non - breaching party's option, the non - breaching party may pursue such
remedies as may be available at law or in equity to protect and enforce its rights
under this Settlement Agreement. In connection with any litigation, including
appellate proceedings, arising out of this Settlement Agreement, the prevailing party
or parties shall be entitled to recover reasonable attorney fees and costs from the non -
prevailing party or parties.
This Settlement Agreement can be executed in any number of counterparts, each of
which shall be taken to be
Parties hereto had
CHARLES V. CHAFFEE
RICK HARWICK
Dater
JAMES H. KABCENELL
Date:
for the same effect as if all
J. CHAFFEE
CA.
Date:
-4-
-Tj
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RHONDA A. KABCENELL
Date:
OR 4728 PG 903
4/10/2012 Item 16.D.2.
20. In the event of any breach of any representation, warranty, covenant, or provision in
this Settlement Agreement by any party and such breach continues for more than ten
(10) days after written notice from the non - breaching party to the breaching party,
then, at the non - breaching party's option, the non - breaching party may pursue such
remedies as may be available at law or in equity to protect and enforce its rights
under this Settlement Agreement. In connection with any litigation, including
appellate proceedings, arising out of this Settlement Agreement, the prevailing party
or parties shall be entitled to recover reasonable attorney fees and costs from the non -
prevailing party or parties.
21. This Settlement Agreement can be executed in any number of counterparts, each of
which shall be taken to be on instrument, for the same effect as if all
Parties hereto had signe
�� C)
CHARLES V. CHAFFI:E `'J� J. CHAFFEE
Date:
RICK HARWICK
C KATHY HARWICK
Date:
JAMES H. KABCENELL
-4-
Date:
• �•
INNER@-
Date: 840 -5 11�
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i
4/10/2012 Item 16.D.2.
OR 4728 PG 904
ROBERT F. FRITZ, JR. PATRICIA M. FRITZ
Date:
NANCY JANE KAY
NAXCY.C. BURNS
�LCc� C
R CO
A
Date: R 3
SANDRA BLAUC14 ~ t � C
Date:
-5-
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Date:
ROBERT A. BURNS
Ste: ('3 I
i
. BLAUCH
OR 4728 PG 905 4/10/2012 Item 16.D.2.
ROBERT F. FRTiL, 7R.
PATRICIA M. FRPIZ
Date: Date:
NANCY JANE KAY ROBERT A. BURNS
1
Date: 1 f x Q Da
NANCY C. BURNS
Date: D
L)
SANDRA BLAUCH i�,\
1 T C;�
TIE C:1�
Date:
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T.BLAUCH
10
OR 4728 PG 906
ROBERT F. FRITZ, JR.
Date:
NANCY JANE KAY
Date:
NANCY C. BURNS
C"
SANDRA
Date: Y,2 q-
PATRICIA M. FRITZ
Date:
ROBERT A. BURNS
U
te:
V
CI C�
-5-
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-a9- //
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* ** OR 4728 PG 907 * **
DATED this I ! day of 0 [ 4 Le V- , 2011.
ATTEST
DWIGHOCK, "CLERK
,. eput le
.,
Ai`et e5 -L" acres ;
BiOdtu� ctr�,y
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
CP \05- 1618\2290
4/10/2012 Item 16.D.2.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: 7UL W.
FRED W. COYLE, Ch ' an
S & m e, E Q� Kk w P"
�2 L�
Im
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d/1 n /7f11 `) Itcm
Iatil
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4/10/2012 Item 16.D.2.
To: Clint Perryman Phone: 252 -4245
From: Sharon Johnson Fax: 252 -6531
Quote Description: Installation of Custom Aluminum Beach Access Signs for Collier
County - Revised 03/4/12
Item Description
1) Custom Beach Access Double sided Signs on Posts
Consisting of the following: Sign faces : 30 "h x 26" w
.090 thick Aluminum With Vinyl Copy and Design
made with 2 sign faces back to back for double sided
Signs
All Welded Construction With Four Arm Brackets with
Bolted Clamps on arms
This way arms and signs can removed for storms
4" Dia x 1/4 "thick Smooth Round Street Post
To be installed at the allowable Height per code
LSQB4 base,4" Round smooth post, LSQ Finial
CCOLLIER COUNTY Sun & Palm Tree LOGO
copy: BEACH ACCESS
EACH POST WILL HAVE A DIFFERENT NUMBER USING
1 THRU 8
All paint Colors to be determined
Install locations to be determined: On -site visit with
client
8 sign posts to be installed on the street side on Gulf
Shore Dr
I accept the above proposal and agree to pay for said work promptly upon completion of same.
Authorized Signature:
Deposit Amount: CHECK/CC #
Date:
Quantity @ Price
8 $2,435.00 $19,480.00
Terms and Conditions:
Prices on this contract are valid for 30 days.
50% deposit is required to commence and the balance is due upon completion
Signing of this document constitutes a legal and binding contract between parties named on this agreement.
Customer is responsible for landscape amenities within install area or as required for permitting
Goods sold remain the property of seller until paid in full.
Customer agrees to provide necessary information to obtain permit, electrical supply to sign or fixture location, and /or provide color
and logo information where specified.
Customer is responsible for any cap rock, lime rock or unforeseen digging conditions
1.5 % Monthly Late Fee applied to all past due invoices
Warranties:
Workmanship: All signs or fixtures fabricated and installed by Lykins Signtek and its affiliates are warranted against defects in
material and workmanship for one year, parts and labor.
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4/10/2012 Item 16.D.2.
2) *NOTE: ALL PERMITTING AND ENGINEERING COSTS TO 1 $0.00 $0.00
BE ADDED AT LATER DATE.
THESE COSTS CANNOT BE DETERMINED AT THIS
TIME
* *NOTE : 50% Material draw required
I accept the above proposal and agree to pay for said work promptly upon completion of same.
Authorized Signature:
Deposit Amount: CHECK/CC #
Terms and Conditions:
Prices on this contract are valid for 30 days.
Date:
Sub Total: $19,480.00
Sales Tax: $0.00
Total: $19,480.00
50% deposit is required to commence and the balance is due upon completion
Signing of this document constitutes a legal and binding contract between parties named on this agreement.
Customer is responsible for landscape amenities within install area or as required for permitting
Goods sold remain the property of seller until paid in full.
Customer agrees to provide necessary information to obtain permit, electrical supply to sign or fixture location, and/or provide color
and logo information where specified.
Customer is responsible for any cap rock, lime rock or unforeseen digging conditions
1.5 % Monthly Late Fee applied to all past due invoices
Warranties:
Workmanship: All signs or fixtures fabricated and installed by Lykins Signtek and its affiliates are warranted against defects in
material and workmanship for one year, parts and labor.
Page 2 of 2
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4/10/2012 Item 16.D.2.
Attention: int f e rryma n Sales p erson: Sharon Johnson P�E:Z3q- "4 - %4°t4
GA-,C: 23q-S 14-So4?
LSO FINIAL
4" DIAMETER
SMOOTH ROUND
STREET POST
INSTALLED AT THE
MINIMUM ALLOWABLE
PER CODE.
LSQ B4 BASE
(X16) 30 "H X 26 "W X .090 ALUMINUM SIGN FACES
WITH ALMOND VINYL COPY AND COLLIER COUNTY LOGO
2 SIGN FACES BACK TO BACK FOR DOUBLE SIDED SIGNS
ALL WELDED CONSTRUCTION WITH 4 ARM BRACKETS
WITH BOLTED CLAMPS ON ARMS
SIGN FACES AND POSTS PAINTED HUNTER GREEN
t�Please consider the environment before printing this prop:
:unomer
C ^ {n* w PROOF
lint Perryman Slgntek
Collier County Government �.�,M„R�
— FO Box 413016
01Y Naples, FL 34116
— 304 -4245
`" 252 -6531
O.K. A5 IS
ADOT PROOF
X2 / EACH
41096
DA.: 30 Nov 2011
O" ,D— 29 Nov 2011
D.— : Listed Above
E read through your proof carefully. This is a rendering of how your signs will appear, a 10% variance in size and color is possible, speak with your sales rep if exact specifications are needed.
q� �_ ,1 Copyright Lykins - Signtek, Inc. This design is the sole property of Lykins - Signtek If it is used for bidding with other companies - A design fee of $75.00 per hour will be charged.
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