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Agenda 07/25/2023 Item #16J 1 (Agreement authorizing the CCSO to have Traffic Control Jurisdiction over Private Roads within the Ranch at Orange Blossom subdivision)16.J.1 07/25/2023 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign an Agreement authorizing the Collier County Sheriffs Office to have Traffic Control Jurisdiction over Private Roads within the Ranch at Orange Blossom subdivision. OBJECTIVE: That the Board of County Commissioners approves and authorizes the Chairman to sign an Agreement authorizing the Collier County Sheriff's Office to have Traffic Control Jurisdiction over Private Roads within the Ranch at Orange Blossom subdivision. This Agreement has been placed on the Board's Agenda at the request of the Sheriff's Office. CONSIDERATIONS: The Ranch at Orange Blossom Master Association, Inc. (hereinafter "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 Ranch at Orange Blossom subdivision (hereinafter "Subdivision"). Representatives of the Sheriff's Office have affirmed that traffic control of the Subdivision is appropriate. A project engineer hired by the Association has provided a letter certifying that the Subdivision's roadway signage and pavement markings meet the State's standards and requirements of the subdivision's rights - of -way construction plans approved by Collier County. The attached Agreement has been executed by the Association and by the Sheriff's Office. The Agreement can be terminated by the Board or by the 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 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: This item is approved as to form and legality and requires a majority vote for Board approval. - SAA RECOMMENDATION: Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an Agreement authorizing the Collier County Sheriff's Office to have traffic Control jurisdiction over private roads within the Ranch at Orange Blossom subdivision. PREPARED BY: Sally A. Ashkar, Assistant County Attorney ATTACHMENT(S) Agreement - Traffic Control Jurisdiction(PDF) Packet Pg. 854 16.J.1 07/25/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.11 Doc ID: 25931 Item Summary: Recommendation to approve and authorize the Chairman to sign an Agreement authorizing the Collier County Sheriff s Office to have Traffic Control Jurisdiction over Private Roads within the Ranch at Orange Blossom subdivision. Meeting Date: 07/25/2023 Prepared by: Title: Legal Assistant — County Attorney's Office Name: Wanda Rodriguez 06/21/2023 4:04 PM Submitted by: Title: County Attorney — County Attorney's Office Name: Jeffrey A. Klatzkow 06/21/2023 4:04 PM Approved By: Review: County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Sally Ashkar Level 2 County Attorney Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Christopher Johnson Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 07/17/2023 10:39 AM Completed 07/17/2023 10:51 AM Completed 07/17/2023 10:53 AM Completed 07/17/2023 3:01 PM Completed 07/19/2023 2:26 PM 07/25/2023 9:00 AM Packet Pg. 855 16.J.1.a AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL 3URISDICTION OVER ROADS WITHIN THE SUBDIVISION OF The Ranch at Orange Blossom Master Association, Inc. THIS AGREEMENT is made and entered into this day of -20_, by and among the following three parties: The Ranch at Orange Blossom Master Association, Inc. (hereafter the "Property Owners Association'); the Collier County Sheriff's Office, 3319 East Tamiami Trail, Naples, Florida 34112; and the Board of County Commissioners of Collier County, Florida, 3299 East Tamlami Trail, Suite 303, Naples, Florida 34112. WHEREAS all roads within the subdivision, The Ranch at Orange Blossom (hereinafter the "Subdivision's (in unincorporated Collier County) are private roads that are not owned or maintained by Collier County; and o WHEREAS, the Property Owners Association, which is responsible for 0 maintaining and controlling the Subdivision, has tendered to the Sheriff of Collier County a letter dated March 23, 2023, attached hereto as Exhibit "A," requesting that the Collier County Sheriff's Office patrol the private roads within the o Subdivision and exercise jurisdiction over those private roads by enforcement of M State and County traffic laws; and N WHEREAS, Subsection 316.006(3)(a), Florida Statutes, provides that each 0 Florida County may exercise jurisdiction over private road(s) located within the U unincorporated area in its boundaries provided the respective County and other parties owning or controlling such roads provide, by written agreement approved c L by the governing body of the county for county traffic control jurisdiction over o U the road(s) covered by the agreement; and Packet Pg. 856 16.J.1.a 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 M located within the geographic area of the Subdivision as described in N Exhibit "C" pursuant to this Agreement entered into pursuant to 0 Subsection 316.006(3)(b), Florida Statutes. U 3. Pursuant to Subsection 316.006(3)(b)(2), Florida Statutes, the Collier 3 7 County Sheriff's Office hereby expressly waives the statutory requirement c concerning the effective date of this Agreement relating to the beginning 0 of our next County fiscal year and agrees to the effective date of this ca L Agreement. 4. The Collier County Sheriff's Office shall, commencing on the date of final E approval by the Board of County Commissioners and thereafter until this L Agreement is terminated, include as part of its duties, patrol and a enforcement of all County and State traffic control regulations and laws 2 op, Packet Pg. 857 16.J.1.a on or over private roads within the Subdivision, including such additional in roads, if any, that may hereafter come into existence within the L Subdivision. 0 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 0 upon the County or the Sheriff's Office. Signage maintenance, repair and adequacy on and along the roads within the Subdivision is the 0 o responsibility of the Property Owners Association and/or other private r property interests within said Subdivision. U) 6. For purposes of identification and geographic specificity, the Subdivision o is composed of the platted area described in Exhibit "C" attached hereto. 0 7. The Collier County Sheriff's Office hereby reserves the authority under L this contract to enter into negotiations with Property owners Association r for the purpose of allocating costs pursuant to Subsection o 316A06(3)(b)(1), Florida Statutes, as condition to enforcement. U 8. This Agreement may be changed, amended or modified only by means of M LO N. a written document executed with the same formality as this Agreement. o This Agreement may be terminated unilaterally by the Board of County Commissioners (by adoption of a Resolution at a public meeting of the M Board of County Commissioners providing that this Agreement be o terminated), or by the Property Owners Association. 0 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 E L incidental to performance under the terms of this Agreement. a 3 a Packet Pg. 858 16.J.1.a IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and the County have executed this agreement. Estates, Fairmont, Townhomes. WITNESSES: Signature of First Witness C041i 1 1;k" k 1A3 s Print Name gf.Fir Witness Xnt e o aSeco Witness Print Name of Second Witness E E . SiigRAAel natur of first tness I Print N me of First Witness Signature of Second Witness P, � 0--ir 161 Print Name of Second Witness ATTEST: CRYSTAL KINZEL, Clerk Deputy Clerk Approved as to form and legality 'I`" 6 Pkocm AT own► 66 6UoSS0�-t By:-C-7�����— , Ji 'Donnell, President COLLIER COUNTY SHERIFF'S OFFICE Sally". A hkar Assistant County Attorne ,7 A\\'\ fr ►�'�' r BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA am 0 M N 0 �L 0 0 U v Chairman E L E1 a Packet Pg. 859 16.J.1.a The Ranch at Orange Blossom Master Association, Inc. March 23, 2023 To Whom it may concern: Please accept this application as a request for the Collier County Sheriff's Office to patrol the private roads of this Home Owners Association. If you need any further information please contact me ay odonnelfi@ronto.com or 239-649-6310 Sincerely, i\ �1 Jim O'Donnell President The Ranch at Orange Blossom Master Association, Inc. Exhibit N (GTO)"', Packet Pg. 860 16.J.1.a rr a cQ www.barraco.net and Associates, Inc. Civil Engineers, Land Surveyors and planners March 23, 2023 Collier County Sheriffs Office 3319 Tamiami Trail East Naples, FL 34112 Re: Ranch at Orange Blossom Traffic Enforcement Agreement Engineering Certification To Whom It May Concern, Please accept this letter as representation that in our professional opinion and to the best of our knowledge, information and belief, the traffic control devices located within the Ranch at Orange Blossom Community are in substantial compliance with the Manual on Uniform Traffic Control Devices (MUTCD) as adopted by the State of Florida. Observations were completed by Barraco and Associates Inc. staff on December 9, 2022, with follow-up observations completed on February 20, 2023, to confirm punch -list items from the December 9+h observations were completed. As a result of these observations, it is our opinion the traffic control devices are in compliance with MUTCD standards. Should you have any questions or require additional information, please feel free to contact me at (239) 461-3170 or Carla B c .net. O c.� Best Regar��s��,,i RIo.38538 o * ► ; U STATE OF ,' y Ab 91 MI �Z L W Carl A. 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