Agenda 05/27/2008 Item #16J 5
Agenda Item No. 16J5
May 27, 2008
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation that the Board Of County Commissioners Approve an
Agreement Authorizing the Collier County Sheriff's Office to have Traffic
Control Jurisdiction over Private Roads within the Forest Park
Subdivision
OBJECTIVE: That the Board of County Commissioners approve and authorize the
Chairman to sign the attached Agreement on behalf of the Board of County
Commissioners, This Agreement has been placed on the Board's Agenda at the
request of the Sheriff's Office,
CONSIDERATIONS: The Forest Park Master Property Owners Association, Inc,
(hereinafter Master Association), and the Collier County Sheriff's Office have
negotiated the attached Agreement The Sheriff's Office will assume traffic control
jurisdiction over private roads within the Forest Park Subdivision, Representatives
of the Sheriff's Office have affirmed that traffic control of the Forest Park
Subdivision is appropriate, A project engineer hired by the Master Association has
provided a letter certifying that the Subdivision's roadway signage and pavement
markings meet the standards and requirements of the Subdivision's rights-of-way
.~ construction plans approved by Collier County. The attached Agreement has been
executed by the Master Association and by the Sheriff's Office, The Agreement
can be terminated by the Board or by the Master Association,
FISCAL IMPACT: This item should have no fiscal impact upon Collier County, The
Agreement specifies that the Sheriff's Office can negotiate with the Master
Association to recover the Sheriff Office's costs of traffic control over these private
roads,
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Agreement
LEGAL CONSIDERATIONS: The attached Agreement is in the format approved by
the County Attorney's Office, - CMG
RECOMMENDATION: That the Board of County Commissioners approve the
attached Agreement and authorize the Sheriff of Collier County to exercise traffic
control jurisdiction over private roadways within the Forest Park Subdivision, and
to authorize the Chairman to sign the attached Agreement on behalf of the Board
of County Commissioners,
r
,
Prepared by: Colleen M, Greene, Assistant County Attorney
CP:08-shf-00063;2
Page 1 of 1
Agenda Item No. 16J5
May 27,2008
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16J5
Recommendation that the Board Of County Commissioners approve an agreement
authorizing the Collier County Sheriffs Office to have traffic control jurisdiction over private
roads within the Forest Park subdivision.
Meeting Date:
5/27/200890000 AM
Prepared By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
5/81200810:04:17 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
5181200810:28 AM
Approved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
5114120083:31 PM
Approved By
OMS Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
5118/2008 11 :27 AM
Approved By
John A. Y onkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
51181200812:54 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
51171200812:23 PM
,-.
file:/fC:\AgendaTest\Export\] 08-May%2027,%202008\16.%20CONSENT%20AGENDA \1... 5f2 I/2008
....
Agenda Item No. 16J5
May 27, 2008
Page 3 of 12
AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC
CONTROL JURISDICTION OVER ROADS WlTHIN THE SUBDIVISION OF
Forest Park Master Property Owners Association, .Inc.
THIS AGREEMENT is made and entered into this day of
, 20-----1 by and among the following three
parties: Forest Park Master Property Owners Association, Inc. (hereafter the
"Property Owners Association"); the Collier County Sheriffs Office, 3301 East
Tamiami Trail, Building J, Naples, Florida 34112; and the Board of County
Commissioners of Collier County, Florida, 3301 East Tamiami Trail, Building F,
Naples, Florida 34112,
WHEREAS, all roads within the subdivision Forest Park, (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 April 4, 2008, 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
Agenda Item No. 16J5
May 27, 2008
Page 4 of 12
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), Rorida 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
Agenda Item No. 16J5
May 27, 2008
Page 5 of 12
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
responsibillty 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 attomeys' 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
Aqenda item No. 16J5
- May 27, 2008
Page 6 of 12
IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and
the County have executed this agreement.
Forest Park Master
Property Owners Association, Inc.
WITNESSES:
/(15'1/1#',4/. f)wh/V
Print Name of Rrst Witness
By:
Date: '1/ /I/tlf
I '
s; +at1 ~/ p, Jr7 /:tOrr::...
Print Name of Second Witness
WITNESSES:
HIfR.'I (!OUfl.1RIGl{t
Print Name of First Witness
R, Sheriff
~
Date:1:!-AR2J\, I f)~
Signature of S ond Wi ness
-1b . iN I ~ ll. tel- ~'11/ e,.e.
Print Name of Second Witness
.~
4
ATTEST:
DWIGHT E, BROCK, Clerk
, Deputy Clerk
Approved as to form and
legal sufficiency:
~JI;~m~
Colleen M. Greerre
Assistant County Attorney
Agenda Item No. 16J5
May 27, 2008
Page 7 of 12
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, Chairman
Arend a Item No. 16J5
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Page 8 of 12
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EXHIBIT "A"
Forest Park Master Property Owners Association, Inc
4060 Recreation Lane
Naples, Florida 34116
All Correspondence To:
Gulf Breeze Management Services, LLC
8910 Terrene Court, Suite 200
Bonita Springs, Florida 34135
Telephone: 239-498-3311
Fax: 239.498-4974
E-mail: Kevin.Durkin@gulfbreezemanagement.com
s~
Dear Sheriff Hunter:
As President of tbe Forest Park Master Property Owners Association, Inc. I am
writing to request tbe assistance of your department to enforce tbe traffic laws of
tbe State of Florida and Collier County on Forest Park's private roadways.
Per instructions, attached is Exbibit"B", an original letter from SRW Engineering,
Inc., Scan R. Weeks, P,E.,whiCh certifies tbat all signs are consistent with approved
plans for Forest Park.
Also attached is "Exbibit "C", a geographic map depicting Forest Park, which
provides for a legal description and identifies the private roads Forest Park wishes
patrolled by tbe Sheriff's Department.
We look forward to a close working relationship with your Department.
~~t~..
IKl':etb R. Teebagy
President,
Forest Park Master Pr ~ Owners Association, Inc
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Aaenda Item No. 16J5
- May 27, 2008
Page 9 of 12
SRW Engineering, Inc.
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DtiO:'G. :2:::,~;.9.~ 7JGO'
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April 4, 2008
Mr. Kenneth Teebagy, President
Forest Park Master Property Owners Association, inc.
cia Gulf Breeze Management Services, LLC
8910 Terrene Court, Suite 200
Bonita Springs, FL 34135
RE: Forest Park Subdivision
Certification of Traffic Control Measures
Dear Mr. Teebogy,
Pursuant to the contract held b.etween the Forest Park Master Property Owners Association, Inc.
and SRW Engineering, Inc.; the review ofeollier County approved Development Order construction plans
and the subdivision inspection have been completed.
Record status drawings associated with the individual construction phases, submitted for Collier County
Preliminary Approval, were reviewed in detail aJong with a site inspection of the suhdivision's Rights.of.
Wuy, The plans were compared with the: site inspection observations to verify type and location of traffic
control measures ~ signage and pavement markings. It has been detennined that the development's existing
traffic control measures are substantially consistent with the approved construction plans,
The provided exhibit was developed to iHustrate placed signage and markings within the subdivision.
Please note that Speed Limits signs at two locations and a stop sign were missing and should be (re)placed.
Should you have any questions, please contact me directly at 239~947-3001,
Sincerely.
,
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Sean R. Weeks, P.E.
SR W Engineering, Inc.
FP T rafficControICeniflca!ionLtr(Re- issue I
Agenda It<P~ rnJ5
May 27,2008
Page 10 of 12
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