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Agenda 08/26/2025 Item #16J 3 (Agreement with the Collier County Sheriff's Office to have Traffic Control Jurisdiction over Private Roads within the Fiddler's Creek Community Development District #1)8/26/2025 Item # 16.J.3 ID# 2025-2553 Executive 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 Fiddler’s Creek Community Development District #1. OBJECTIVE: That the Board of County Commissioners (hereinafter the “Board”) 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 Fiddler’s Creek Community Development District #1. This Agreement has been placed on the Board’s Agenda at the request of the Sheriff’s Office. CONSIDERATIONS: The Fiddler’s Creek Community Development District #1 (hereinafter the “District”), 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 District as depicted in Exhibit “A” of the Agreement (hereinafter “District Roads”). Representatives of the Sheriff’s Office have affirmed that traffic control of the District Roads is appropriate. A project engineer hired by the District has provided a letter certifying that the District’s roadway signage meets the State’s standards and requirements within the State of Florida Manual on Uniform Traffic Control Devices (MUTCD) in Exhibit “C” of the Agreement. The attached Agreement has been executed by the District and by the Sheriff’s Office. The Agreement can be terminated by the Board or by the District. FISCAL IMPACT: This item should have no fiscal impact upon Collier County. The Agreement specifies that the Sheriff’s Office can negotiate with the District 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 majority vote for Board approval. -CLD RECOMMENDATIONS: Recommendation that the Board 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 Fiddler’s Creek Community Development District #1. PREPARED BY: Jeffrey A. Klatzkow, County Attorney ATTACHMENTS: 1. Agreement - Fiddler's Creek Community Development District #1 Page 4385 of 4682 AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRlCT #1 THIS AGREEMENT is made and entered into this day of 20-., by and among the following three parties: FIDDLER'S CREEK COMMUNITY DEVELOPMENT D|STR|CT #'l a community development dislrict established pursuant to Ch. 1 90, F.S^, (hereafter the "District"); the Collier County Sheriff's Office (the "sheriff'), SS19 East Tamiami Trail, Naples, Florida 341 12; and the Board of County Commissioners of Collier County, Florida (the "County"), 3299 East Tamiami Trail, Suile 303, Naples, Florida 341 12. WHEREAS, the roads described and or depicted on the attached Exhibit "A" in unincorporated Collier County and within the boundaries of the District are owned or controlled and maintained by the District and are not owned or maintained by Collier County; and WHEREAS, the District, which is responsible for maintaining and controlling the District Boads, has tendered to the Sheriff of Collier County a letter dated as of June 25, 2025, attached hereto as Exhibit "B," requesting that the Collier County Sheriff's Otf ice pahol lhe District Roads owned or controlled and maintained by the District within the boundaries ol the District and exercise jurisdiction over those District Roads by enforcement ol State and County tratfic laws; and WHEREAS, Subsection 316.006(3)(b), Florida Statutes, provides that each Florida County may exercise jurisdiction over road(s) owned or controlled by a special district 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 goveming body ol the county for county traffic control jurisdiction over the road(s) covered by the agreemenl; and WHEREAS, representatives of the Collier County Sheriff,s Office have monitored traffic on the District Roads within the District and have affirmed that tralfic enforcement by the Collier County Sheritf's Ofiice is appropriate, and has cAo Page 4386 of 4682 agreed to provide lraffic control enforcement in the geographic areas requested; and WHEREAS, a private engineering firm representing the District, has provided the sherifl of collier county with notice that the signage for the District Roads in lhe District appears to be completed and in substantial accordance with the approved subdivision constructions (see Exhibit ,,C,'); 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 wellare to enter into this Agreement pursuant to Subsection 316.006(3Xb), 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 ol its Board of County Commissioners, hereby determines to exercise traffic control iurisdiction over all District Roads located within the geographic area of the District as described in Exhibit "D" pursuant to this Agreement entered into pursuant to Subsection 31 6.006(3Xb), Florida Statutes. 3. Pursuant to Subsection 316.006(g)(b)(2), Florida Sfalutes, the Coilier County Sheritf's Office hereby expressly waives the statutory requirement conceming the etfective 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 Sheritf's Office shall, commencing on the date of linal approval by the Board of County Commissioners and thereafler until this Agreement is terminated, include as part of its duties, patrol and enlorcement of all County and State tratfic control regulations and laws on or over District Roads within the Dislrict, including such additional District roads, if any, thai may hereafter come into existence within the District. 5. The parties recognize that all District Roads within the District (as such roads are described herein) are not County-owned, and neither the Page 2 o,f 4 cAo Page 4387 of 4682 County nor the Sheritf's Office has any duty or responsibility for construction and/or repair of any of the same, including signage, and this Agreement does nol impose any such responsibilities upon the County or the Sherifl's Office. Signage maintenance, repair and adequacy on and along the District Roads within the District is the responsibility of the District. 6. For purposes of identification and geographic specificity, the District is composed of the area described and depicted in Exhibit ,,D,' attached hereto. 7. The Collier County Sheriff's Office hereby reserues the authority under this contract to enter into negotiations with panies such as the District for the purpose of allocating costs pursuant to Subsection 316.006(3XbXI ), Florida Statutes, as condition to enforcement. 8, This Agreement may be changed, amended or modified only by means of a written document executed with lhe same lormalily as this Agreement. This Agreement may be terminated unilaterally by the Board ol 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 District. 9. To the e)dent aulhorized by law, and without waiving, enlarging or extending the limited waiver of sovereign immunity contained in Section 768.28, Florida Statutes (2024), District shall hold harmless and delend Collier County and the Collier County Sheriff, and their agents and employees lrom 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 lerms of this Agreement. lN WITNESS WHEREOF, the District, the Sheriff, and the County have executed this agreement. [SIGNATURES ARE ON FOLLOWING PAGES] Page 3 of 4 CAO Page 4388 of 4682 WITNESSES: Signature of First Witness C-V- A -r,l -S atu of Witness Hrle €1<- Print Name of Second ilness WITNESSES: Signature Firsl itness 5 Print Name o First Wilness Signature of Second W itness Print Name of Second Witness ATTEST: CRYSTAL KINZEL, Clerk Deputy Clerk Approved as to form and legality: FIDDLER'S CREEK COMMUNITY DEVELOPI\4ENT DISTRICT #1 By AIR COLLIER COUNTY SHERIFF'S OFFICE By: KEVI K, Sheriff BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Buft Saunders, Chair Assistant County Attomey Page 4 of 4 CAO ,--- Print Name of First Witness asq' Page 4389 of 4682 E ng; i:Ei E!!i I" ( ta)'^s ): @ -'F \i.: \o2 898 -FO5x> E6@ TxE xo< =r'= Iio= !od5 ll . 0a i"EE) e6 fE t.t /c,P3 E .:(.) oi- E 'l,.:\---\=. ;) 1 7Y ir H5 =tuJi iE Er \\, Pli r)1, + :1 -* !i' @ €PE! > )i' Faue'l tnyt o o .9q E(! o g"_"__-_""."__. fl" "'"'"""'T lEilliirsg;r;rt oulz 52eI*700 t=8 3Er< -.{ dd zoo eE a E 'l :l .i 'l I .\ s! dt3 o b E = ,f,g '"5ri . o (6 EEEdrE6 ,d -5 ,$tPJe^alnoE ralllo3 t96 .U o l o ts Io 6 a (.) I I o (, 6 )/ 'a1 e, 9 I I t ! rl! Iii ifi i IIBITE ! CAO ! ' r--: ---::'_____ :--:-:--: o ) (, t! i: _I :l -tr- a 8 9; pi EE T 8. 6sE=,gE \ t-._:-- .-----_:. I L il -<€r< Page 4390 of 4682 Fiddler's Creek Community Development District f1 OFFICE OF THE DISTRICT MANAGER 2300 Glades Road, Suite 410W.Boca Raton, Florida 33431 Phone: (561) 571-0010.Fax: (5611 571-0013rToll-free: (877) 276-0889 June 25,2025 Honorable Kevin J. Rambosk, Sheriff Collier County Sheriffs Office 32319 E. Tamiami Trail East Naples, Florida 34112-4901 Re: Request To Sheriff To Enforce The Traffic Laws of the State Of Florida and Collier County, Florida, Fiddler's Creek Community Development District #1 Dear Sheriff Rambosk: The Board of Supervisors of Fiddler's Creek Community Development District #1 ("District"), at its meeting held on May 28,2025, unanimously voted to authorize me in my capacity as Chair to send this letter on behalf of the District. The purpose of this letter is to request that you, as the Collier County Sheriff, enforce the laws of the State of Florida and Collier County on roads within the District owned or controlled and maintained by the District ("District Roads'). Enclosed please find the following: 1) The proposed Agreement. 2) An original letter from the District Engineer certifying that all signs on the District Roads are consistent with the State of Florida Manual on Uniform Traffic Control Devices ('MUTCD). 3) A geographic map prepared by the District Engineer identifying the District Roads that the District wishes patrolled by the Sheriff s Office. lf you have any questions or require additional information, please do not hesitate to contact me. Sincerely, eph Schmitt, Chair Enclosure(s) Cc: with Enclosure(s) Cleo Adams, Terry Cole, Board of Supervisors EXHIBIT 5 I CAO Page 4391 of 4682 Bowman Rei Collier County Sherriff's Office Naples, FL Fiddler's Creek Community Development District l Traffic Control Agreement To whom it may concern, The traffic signs within Fiddler's creek community oevelopment District l are MUTCD compliant 5incerely, W. Terry Cole W. Terry Cole, P.E. Fiddler's Creek District Engineer Director, Civil Engineering CC: Tony Pires Chuck Adams Cleo Adams John Eaker C:\Users\local_apires\tNetcache\Content.Outlook\JLSATXSH\CDD 1 _ MUTCD signs - letter to C EXHIBIT t CCSO.docxl CAO May 16, 2025 Page 4392 of 4682 rI I * o-ttt a6g 8.2 = r) *. 2 Ia EEs-Eo eEa tsE '.9 E ETI Ee-oE \-' \r @ . t E8 rEgE BO t. (,/. //{ (( i:/ i g o Eg EE t /d \-2o (.) iiil! urE gl 3E t o /\\ E -5 ,t -g EE @ EAUE'']}/!o pJE^elnoE JotlloC !96 .U.C i g. a : ! 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