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Agenda 11/13/2012 Item #11D11 /13/2012 Item 11. D. EXECUTIVE SUMMARY Recommendation to approve the final beach access sign renderings for installation throughout the Gulf Shore Drive corridor for direct public beach access via county easements. OBJECTIVE: To clearly and properly identify beach access points along the Gulf Shore Drive corridor. CONSIDERATIONS: Collier County maintains eight beach access points along Gulf Shore Drive starting at Vanderbilt Beach Road north to Bluebill Avenue. Three of these locations (proximate to Channel Drive, Seabreeze Avenue and Bayview Avenue respectively) were the subject of litigation, which was resolved through a settlement agreement between the County and plaintiffs approved by the Board of County Commissioners on October 11, 2011. The settlement agreement set forth specific conditions regarding the design and placement of beach access signage at all of the public access points along Gulf Shore Drive. These conditions allow the County to do the following: • Maintain the access points named in the settlement agreement (including the boardwalk within the Bayview walkway) • Install bicycle racks proximate to these locations • Install signage identifying each public beach access point within the right of way. The signs were to be no larger than 26" by 30 "; were to be installed at the minimum height allowed under existing codes; were to be the same and installed concurrently with other signs along Gulf Shore Drive On April 10, 2012, the Board approved a budget amendment to appropriate funds to purchase and install signs at each of the eight access points under agenda item 16.D.2. Included in the back up material was a schematic rendering of the proposed sign designed in accordance with the terms of the settlement agreement. The executive summary and all of the backup material associated with that agenda item are attached. The proposed beach access anticipated improvements were vetted with the Vanderbilt Beach MSTU Board through Collier County's Alternative Transportation Department (though the MSTU is not funding these improvements) both prior to and subsequent the April Board action. The MSTU Board has raised concerns regarding the proposed height of each sign, which the Transportation Engineering Department has advised must be a minimum of seven feet high. Subsequent to Board action, and pursuant to Board direction, staff met with a member of the MSTU Board and as a result of those discussions, agreed to eliminate the canopy pole included in the sign renderings and instead hang each sign on a post. A depiction of the sign as modified is included in the back up to this item. Though this change and obtaining competitive price quotes, the actual cost of the signage has been substantially reduced from an initial estimate of $19,480 to a revised cost of $4,917.90. Based on the previous direction of the Board, staff has ordered the proposed signs and the selected sign vendor is prepared to install them within the public Right of Way. Packet Page -377- 11 /13/2012 Item 11. D. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax. Budget is available for the project in Fund 183. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Recommendation to approve the beach access sign renderings as shown in the attached for installation throughout the Gulf Shore Drive corridor for direct public beach access via county easements. PREPARED BY: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department Packet Page -378- 11/13/2012 Item 11.D. COLLIER COUNTY Board of County Commissioners Item Number: 11.D. Item Summary: Recommendation to review and approve the final beach access sign renderings for installation throughout the Gulf Shore Drive corridor for direct public beach access via county easements. (Steve Carnell, Interim Public Services Administrator) Meeting Date: 11/13/2012 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 11/5/2012 1:57:43 PM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 11/5/2012 1:57:46 PM Approved By Name: OchsLeo Title: County Manager Date: 11/6/2012 4:41:39 PM Packet Page -379- 11/13/2012 Item 11.D. 4/10/2012 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 Si na a Engineering & Permittin $19,480.00 Installation of Bike Racks 4) $2,400.00 TOTAL $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 Attorneys Office, requires majority vote, and is legally sufficient for Board action. — CMG Packet Page -1126- Packet Page -380- 11/13/2012 Item 11.D. 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 Packet Page -1127- Packet Page -381- -- 11/13/2012 Item 11.D. 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 311.00 SET TLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ( "Agreement'") is made and entered into by and between Charles V. Chaffee and Karen J. Chaffee, Rick Harwick and Kathy Harwick, James H. Kabcenell and Rhonda A. Kabeenell, 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. Burns, 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, Plainti fs three beach access walkwa s a + WHEREAS, the P (the "Released Claims "), in WHEREAS, the P ,I their rights and desire to resolve G0 to avoid further constitutes a compromise by the Released Claims as between them. - 1618 -CA pending in the Circuit Court of �rida is named as defendant (the g the allowable uses of at issue in the Litigation n; and, consulted witli"44 ' ective legal counsel regarding by way of this Agreement, which molcte and final civil settlement of the 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 "), Scabreeze Avenue between 10217 Gulfshore Drive and 10173 Gulfshore Drive ( "Seabreeze Walkway ") and Bayview Avenue between 10073 Gulfshore Drive and 10047 Gulfshore Drive ( "Bayview Walkway", collectively, the "Walkways" and each a "Walkway"), Packet Page -1130- Packet Page -382- OR 4728 PG 899 2. 3. 4, 5. N VA 8. 9. 10, 11/13/2012 Item 11.D. 4/10/2012 Item 16.D.2. The County will maintain the Channel Walkway and the Seabreeze Walkway in their natural state in the future. 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. The County may place bike racks at each Walkway. 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 T1 j users to take all trash with them. The County may ins po 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 ll cu nt y th, sig s a all other beach access points along Gulf Sho D ' , b t n t an 6" wide and 30" tall and will be installed at �-^ l wed n er CO ting codes. The County will not use pavemer t kings at any of t t �^ ays. The installation of any sign shall not crea the County any e c OAT plied rights or obligations, not already set forth in th t t. The County shall not con a or drop -off program at any of the Walkways. 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. The County will not discriminate in any manner with respect to beach maintenance along Vanderbilt Beach, including, without limitation, near the Walkways. 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. -2- Packet Page -1131- Packet Page -383- OR 4728 PG goo 11 12. — 11/13/2012 Item 11. D. 4/10/2012 Item 16.D.2. 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. 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 this Settlement Agreement. Each person executing this Settle Z �9R` uthorized to sign on behalf of its respective party apd t ind that 13. This Settlement g em respect to the bj t r C oral and %vritt e 14 15 amendment tot ttlement Agreem in writing and sign all the Parties If any provision of t nt A competent jurisdiction, sue this Settlement Agreement. between the Parties with F is a ;l prior and contemporaneous s modification, alteration, or v id * f no force or effect unless it is �o iifound to be invalid by a Court of the validity of any other provisions of The Parties acknowledge that each party 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. -3- Packet Page -1132- Packet Page -394- OR 4728 PG 901 11/13/2012 Item 11.D. 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 ��eslgrta� instrument, for the same effect as if all Parties hereto had = xg RICK HARWICK t � , /KATHY HARWICK Date: JAMES H. KABCENELL Date: Date: RHONDA A. KABCENELL f0 i -4- Packet Page -1133- Packet Page -385- V". OR 4728 PG 902 — 11/13/2012 Item 11.D. 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 beak" instrument, for the same effect as if all Parties hereto had sigy to sigrr� attxrg CHARLES V. CHAFFEE RICK HARWICK Date, JAMES H. KABCENELL Date: J. CHAFFEE Ix T CI C, KATHY HARWICK Ag. (-h / l RHONDA A. KABCENELL Date: -4- 11/13/2012 Item 11.D. 4/10/2012 Item 16.D.2. OR 4728 PG 403 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 �► CHARLES V. CHAFFEE 1 ���� KAI,J. CHAFFEE Date: RICK HARNVICK � C � KATHY HARWICK Date: JAMES H. KABCENELL Date: Date: KPI Date: 84Z_5; � -4- Packet Page -1135- Packet Page -387- --- 11 /13/2012 Item 11. D. OR 4728 PG 904 4/10/2012 Item 16.D.2. I ROBERT F. FRr Z, JR. PATRICIA M. FRUZ Date: Date: NANCY JANE KAY ROBERT A. BURNS co Date (ice` ^�` te• NANCY C. BURNS G T. BLAUCH �L "7 0 Date:.. 3 SANDRA BLAUCH � _, Date: 11/13/2012 Item 11.D. OR 4728 PG 905 4/10/2012 Item 16.D.2. I ROBERT F. FRn-4 7R. PATRICIA M. FRM Date: Date: NANCY JANE KAY ROBERT A. BURNS Date: ���F- Co �\ NANCY C. BURNS � Date: D Q SANDRA BLAUCH Date: Packet Page -1137- Packet Page -389- T. BLAUCH ix 0t i fi V. Ni I 11 /13/2012 Item 11. D. 4/10/2012 Item 16.D.2. rdl.RCl rdb'C -1 Packet Page Page -391- 11/13/2012 Item 11.D. 4/10/2012 Itr=m is n 2 Packet Page -1142- Packet Page -392- 11/13/2012 Item 11.D. 4/10/2012 Item 16.D.2. racKet rdre -11 !J- Packet Page -393- 11/13/2012 Item 11. D. 4/10/2012 item 16.U.2. Date: 4/4/2012 5935 Taylor Rd. Estimate # : 5221 Naples FL. 34109 Created By: Sharon Johnson PHONE 239 - 777 -5616 239 - 777 -5616 FAX 239 - 591 -3940 sharon @lykins - signtek.com Estimate/ Contract Prepared By Lykins Signtek, Inc for: Collier County Government /Coastal tone Mgmnt Address: P.O Box 413016 Naples FL 34116 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 Quantity @ Price 1) Custom Beach Access Double sided Signs on Posts 8 $2,435.00 $19,480.00 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: 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. Page I of 2 Packet Page -1146- Packet Page -394- 11/13/2012 Item 11.D. 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: SO% Material draw required I accept the above proposal and agree to pay for said work promptly upon completion of same. Authorized Signature: Deposit Amount: _ CHECKICC Date: Sub Total: $19,480.00 Sales Tax: $0.00 Total: $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: 411 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 Packet Page -1147- Packet Page -395- 11/13/2012 Item 11.D. 4/10/2012 Item 16.D.2. Attention: Clint i'erryman Salesperson: Sharon Johnson Pi1oNE:23" "'i '64°14 FIl�C:23q-St4 -504-� LSQ FINIAL 4" DIAMETER SMOOTH ROUND STREET POST INSTALLED AT THE MINIMUM ALLOWABLE PER CODE. LSQ B4 BASE .,Please "nsidu the ? ^.virur ,men* t e!o,o printing this proof (X16) 30 "H X 26 "W X .040 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 s@g ftPIFIOOF O.K. A5 IS ADDT PROOF X2 / EACH "1 „AU LIU VUNLI ywU piWt caic,mcy. r nts is a renaer ng or now your signs wiu appear, a I Lm variance in sue and color is possible, speak with your sales rep if exact specifications are needed. © 2011 Copyright Lykins- Signtek, Inc. This design is the sole property of LykinsSigntek if it is used for bidding with other companies - A design fee of $75.00 per hour will be charged. Packet Page -1148- Packet Page -396 - - _ -6 -JN .. 11/13/2012 Item 11.D. INSTALLATION OF (XS) DOUBLE SIDED ALUMINUM BEACH ACCESS SIGNS ;x16) 30 "H x 26 "W X .090 ALUMINUM SIGN FACES PAINTED HUNTER GREEN ON FRONT AND BACK TH ALMOND VINYL COPY AND COLLIER COUNTY LOGO 2 SIGN FACES RIVETED & GLUED ON CENTER OF A 4" x 4" ALUMINUM POST WITH PYRAMID TOP CAP PAINTED HUNTER GREEN POST TO BE DOT SPEC 7' FROM BOTTOM OF SIGN TO THE GROUND Packet Page -397-