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Backup Documents 09/10/2013 Item #16J11
ORIGINAL DOCUMENTS CHECKLIST & ROUTINGS P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 j 11 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW**ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines 41 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. County Attorney's Office County Attorney's Office JAB 8/7/13 3 BCC Office Board of County G}-� ` Commissioners � -�\� 4. Minutes and Records Clerk of Court's Office V ' 113azt3 5. Return signed copy to Kay Nell County Attorney's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Kay Nell,CLA Phone Number 252-8400 Contact/ Department Agenda Date Item was 9/10/13 Agenda Item Number 16J1 1 Approved by the BCC Type of Document Agreement Number of Original Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (): '..) Applicable) 1. Does the document require the chairman's original signature? y►` 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. (1 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed ( / by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's / .. Office and all other parties except the BCC Chairman and the Clerk to the Board ` ( 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. ` 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. tt 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9/10/13 and all changes made during the /2., meeting have been incorporated in the attached document. The County Attorney's 'i j i ,tea Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the ' " E __ Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise. . 4.05;Revised 11/30/12 16J11 MEMORANDUM Date: October 3, 2013 To: Kay Nell, CLA Collier County Attorney's Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: An Agreement giving the Collier County Sheriff's Office Traffic Control Jurisdiction on Private Roads in the Wilshire Lakes Subdivision Attached for your records is a copy of the agreement referenced above, (Item #16J11) approved by the Board of County Commissioners on Tuesday September 10, 2013. The Minutes and Record's Department has held the original for the Board's Official Record. Certified Copies have been provided to Sheriff Kevin Rambosk and also to the Wilshire Lakes Master Association. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16 J 11 MEMORANDUM Date: October 3, 2013 To: Kevin J. Rambosk, Sheriff Collier County Sheriff's Office From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: An Agreement giving Collier County Sheriff's Office Traffic Control Jurisdiction on private roads in the Wilshire Lakes Subdivision Attached for your records is a certified copy of the document referenced above, approved by the Collier County Board of County Commissioners on September 10, 2013 under Agenda Item #16J11. If you have questions or require any further information, please contact me at 252-8406. Thank you. Attachment County of Collier 16 J 1 1 CLERK OF THEICIR UIT COURT Dwight E. Brock COLLIER COUNTY CO62THOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 102A, � P.O. BOX 413044 Accountant NAPLES, FLORIDA \'r NAPLES,FLORIDA Auditor 34112-5324 '•11 34101-3044 Custodian of County Funds October 3, 2013 Cassi Conrad-Lichtman, President Wilshire Lakes Master Association, Inc. P.O. Box 380758 Murdock, FL 33938-0758 Ms. Lichtman, Attached for records of the Wilshire Lakes Master Association, is a Certified Copy of the agreement giving Collier County Sheriff's Office Traffic Control Jurisdiction on private roads within the Wilshire Lakes Subdivision approved by Collier County's Board of County Commissioners September 10, 2013. If you have questions or require any further information, please feel free to contact our office at 239-252-8406. Thank you, DWIGHT E. BROCK, CLERK Ann Jenne' Deputy Clerk Attachment Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com 16 ,J11 AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE SUBDIVISION OF WILSHIRE LAKES MASTER ASSOCIATION THIS AGREEMENT is made and entered into this 10TH day of September , 2013, by and among the following three parties: WILSHIRE LAKES MASTER ASSOCIATION, c/o Gateway Management, PO Box 380758, Murdock, FL 33938 (hereafter the "Property Owners Association"); the Collier County Sheriff's Office, 3219 East Tamiami Trail, Naples, Florida 34112; and the Board of County Commissioners of Collier County, Florida, 3299 East Tamiami Trail, Suite 303, Naples, Florida 34112. WHEREAS, all roads within the subdivision WILSHIRE LAKES, (hereinafter the "Subdivision") (in unincorporated Collier County) are private roads that are not owned or maintained by Collier County; and WHEREAS, the Property Owners Association, which is responsible for maintaining and controlling the Subdivision, has tendered to the Sheriff of Collier County a letter dated March 22, 2013, attached hereto as Exhibit "A," requesting that the Collier County Sheriff's Office patrol the private roads within the Subdivision and exercise jurisdiction over those private roads by enforcement of State and County traffic laws; and WHEREAS, Subsection 316.006(3)(a), Florida Statutes, provides that each Florida County may exercise jurisdiction over private road(s) located within the unincorporated area in its boundaries provided the respective County and other parties owning or controlling such roads provide, by written agreement approved by the governing body of the county for county traffic control jurisdiction over the road(s) covered by the agreement; and 16J11 WHEREAS, representatives of the Collier County Sheriff's Office have monitored traffic on private roads within the Subdivision and have affirmed that traffic enforcement by the Collier County Sheriff's Office is appropriate, and has agreed to provide traffic control enforcement in the geographic areas requested; and WHEREAS, a private engineering firm representing the Property Owners Association, has provided the Sheriff of Collier County with notice that the signage for the Subdivision appears to be in completed and in substantial accordance with the approved subdivision constructions (see Exhibit"B"); and WHEREAS, the Board of County Commissioners has reviewed these written requests and has determined that it is in the interest of the public health, safety and welfare to enter into this Agreement pursuant to Subsection 316.006(3)(b), Florida Statutes. NOW, THEREFORE, the parties hereto agree as follows: 1. The recitals and Exhibits referenced herein above are restated and made a part of this Agreement. 2. Collier County, by action of its Board of County Commissioners, hereby determines to exercise traffic control jurisdiction over all private roads located within the geographic area of the Subdivision as described in Exhibit "C" pursuant to this Agreement entered into pursuant to Subsection 316.006(3)(b), Florida Statutes. 3. Pursuant to Subsection 316.006(3)(b)(2), Florida Statutes, the Collier County Sheriff's Office hereby expressly waives the statutory requirement concerning the effective date of this Agreement relating to the beginning of our next County fiscal year and agrees to the effective date of this Agreement. 4. The Collier County Sheriff's Office shall, commencing on the date of final approval by the Board of County Commissioners and thereafter until this Agreement is terminated, include as part of its duties, patrol and enforcement of all County and State traffic control regulations and laws 2 16 J11 on or over private roads within the Subdivision, including such additional roads, if any, that may hereafter come into existence within the Subdivision. 5. The parties recognize that all private roads within the Subdivision (as such roads are described herein) are not public roads, not County- owned, and neither the County nor the Sheriff's Office has any duty or responsibility for construction and/or repair of any of the same, including signage, and this Agreement does not impose any such responsibilities upon the County or the Sheriff's Office. Signage maintenance, repair and adequacy on and along the roads within the Subdivision is the responsibility of the Property Owners Association and/or other private property interests within said Subdivision. 6. For purposes of identification and geographic specificity, the Subdivision is composed of the platted area described in Exhibit"C" attached hereto. 7. The Collier County Sheriff's Office hereby reserves the authority under this contract to enter into negotiations with Property Owners Association for the purpose of allocating costs pursuant to Subsection 316.006(3)(b)(1), Florida Statutes, as condition to enforcement. 8. This Agreement may be changed, amended or modified only by means of a written document executed with the same formality as this Agreement. This Agreement may be terminated unilaterally by the Board of County Commissioners (by adoption of a Resolution at a public meeting of the Board of County Commissioners providing that this Agreement be terminated), or by the Property Owners Association. 9. The Property Owners Association shall hold harmless and defend Collier County and the Collier County Sheriff, and their agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to performance under the terms of this Agreement. 3 16J11 IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and the County have executed this agreement. WITNESSES: WILSHIRE LAKES MASTER ASSOCIATION Sig at re of First Witness ' 4M 1 l COY\G Cassi Conrad-Lichtm.n, President Pri l I Na a of First Witness LLh/ o Signature of Second Witness k-1 Warm rr� Print Name of Second Witness WITNESSES: COLLIER COUNTY SHERIFF'S OFFICE Signature o First W. ness By: ilfaM KEVIN 3. •P MBOS , Sheriff Print Name of t Witness Approved for legal a� f' and s y ciency. Signature • Secon Witness Y G— /1 ,/ �Al/ ` •Print .me of Second ; itness ATTE$T: BOARD tF CIUN t C•MM :STONERS DWIGHT E RRQCKI clerk COLLIE' CO FL9RI►A• / By: A �::•�s�7����5 GEORa A. HILLER, ESQ. , C airwoman signa u rfly. Approved as to form and r•-• ._ 1(P3.-1 legal ity:"`t'. Item# 1(P -� Agenda 11 O_I 2 Jennifer A. 1pedio Date -> Assistant County Attorney Date ct-30.iZ Recd 4 -•� Dep Cler''�` Exhibit"A" WILSHIRE LAKES MASTER ASSOCIATION, INC. P.O. Box 380758— Murdock, Florida 33938-0758 '. J , Office (239) 628-1047— Fax (941) 629-0987 gateway@daystar.net or www.gateway-team.com :.9 .3 ar March 22, 2013 1- e'' W Collier County Sheriff's Office Attn: Sheriff Rambosk 3219 East Tamiami Trail Naples, FL 34112 Re: Wilshire Lakes Master Association Dear Mr. Rambosk, We are requesting that the Collier County Sheriff's Office patrol the private roads within Wilshire Lakes Subdivision and exercise jurisdiction over these private roads by enforcement of State and County traffic laws. Sincerely, Thuie Cassi Conrad-Lichtman President r► 6 1 . Exhibit "B" J GINA R . GREEN , P.A. March 22,2013 Collier County Sheriff's Office Naples,Florida RE: Wilshire Lakes Subdivision Street Sign Compliance Letter To Whom it May Concern: I hereby certify that the street signs and pavement markings located in the Wilshire Lakes subdivision located on the north side of Vanderbilt Beach Road were installed in accordance and consistent with the approved subdivision plans based upon a field inspec- tion performed by myself on March 21,2013. Please call me if you have any questions or need additional information Sincerely, ,,.0 , . • , q 1Y,4 °• It \ 10• :44—," : .,.18 't s L f",44. Gina R Green,Ise. 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