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Backup Documents 04/08/2014 Item #16J1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL THE BOARD OF COUNTY COMMISSIONERS O DOCUMENTS ICE FOR S G TO TLR6 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#1 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 4 J8)►y 3 BCC Office Board of County Commissioners / 4\A\ 4. Minutes and Records Clerk of Court's Office 010(kg 2:39011, 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, LA Phone Number 252-840 Contact/ Department Agenda Date Item was 4/8/14 Agenda Item Number 16J1 Approved by the BCC Type of Document Agreement Number of Original 1 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. (Initial) Applicable) 1. Does the document require the chairman's original signature? 0tJ3 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. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be ,,,,'' pp�� signed by the Chairman,with the exception of most letters,must be reviewed and signed �W� 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 p, signature and initials are required. 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(see above)and all changes made during the meeting have been incorporated in the attached document. The County ci5`s Attorney's Office has reviewed the changes,if applicable. 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 Chairman's signature. s , I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 MEMORANDUM 1 6 J 1 Date: April 10, 2014 To: Sheriff Kevin Rambosk, Sheriff Collier County Sheriff's Department CC: Marbella Lakes Owners Association, Inc. CC: Kay Nell, CLA County Attorney's Office From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: Agreement Approving and Providing for County Traffic Control Jurisdiction Over Roads within the Subdivision of Marbella Lakes Owner Association, Inc. Attached, please find one (1) copy of the documents referenced above, (Agenda Items #16J1) adopted by the Board of County Commissioners on Tuesday, April 8, 2014. I have certified two copies and forwarded them to the following addresses: Marbella Lakes Owners Association, 6664 Marbella Lane, Naples, Florida 34105 Collier County Sheriff's Office, 3219 Tamiami Trail, Building J., Naples, Florida 34112 The original has been kept by the Minutes and Records Department as a part of the Board's Official Records. If you should have any questions, you may contact me at 252-7240. Thank you. 16J 1 AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE SUBDIVISION OF MARBELLA LAKES OWNERS ASSOCIATION, INC. THIS AGREEMENT is made and entered into this 8t1. day of April , 20 14 , by and among the following three parties: Marbella Lakes Owners Association, 6664 Marbella Lane, Naples, Florida 34105 (hereafter the "Owners Association"); the Collier County Sheriffs Office, 3319 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 Marbella Lakes, (hereinafter the "Subdivision") (in unincorporated Collier County) are private roads that are not owned or maintained by Collier County; and WHEREAS, the Owners Association, which is responsible for maintaining and controlling the Subdivision, has tendered to the Sheriff of Collier County a letter dated ,_..1(iip)8, 20 attached hereto as Exhibit "A," requesting that the Collier County Sheriffs 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 16J 1 WHEREAS, representatives of the Collier County Sheriffs 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 Professional Engineer, registered in the State of Florida, representing the 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 Sheriffs 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 Sheriffs 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 9p 16J 1 enforcement of all County and State traffic control regulations and laws 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 Sheriffs 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 Sheriffs Office. Signage maintenance, repair and adequacy on and along the roads within the Subdivision is the responsibility of the Owners Association and/or other private 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 Sheriffs Office hereby reserves the authority under this contract to enter into negotiations with 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 Owners Association. 9. The 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. 16J 1 IN WITNESS WHEREOF, the Owners Association, the Sheriff, and the County have executed this agreement. WIT ESSES MARBELLA LAKES OWNERS ' ASSOCIATION, INC. ..1...: mot►!,./ Signat e of First Witn ss . I ' iptaila- IM . SMITH, President Print Name of F F- W' e Signature of 1,o fk Witness Print Name of Second Witness S , S/ - COLLIER COUNTY SHERIFF'S OFFICE -/ 'tit, , ` tirt rii Signature oFirst ( fitness By: =,, , 9 *" �G I Firs. 4 R� AMBOSK, Sheriff Pri t Name of First Witne s ?‘ Signature of Second Wi ness �. /rAt,f/9i 1 LsA,8 Print Name of Second Witness ATTEST : ry' ' " _ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F •RIDA D iaWT E; BR+OCIE>Cierk / AA. k) .---1� .1d- / i - i1/ By. a r Deputy-Clerk TOM TOM HENNING, C rman Approved-as to fofim and legality: �(-�Vl�. • N e- - Jennifer A. 1-1pedio Assistant County Attorney 16J Exhibit"A" MARBELLA LAKES OWNERS ASSOCIATION,INC. 6664 Marbella Lakes Drive Naples,FL 34105 January 8,2013 Collier County Sheriff's Office Attn: Sheriff Rambosk 3219 E Tamiami Trail Naples,FL 34112 Re: Marbella Lakes Owners Association Dear Sheriff Rambosk, We are requesting that the Collier County Sheriff's Office patrol the private roads within Marbella Lake Subdivision and exercise jurisdiction over these private roads by enforcement of State and County traffic laws. zi incerely, Jib H.Smith Prisident X1116 i /I 16J 1 , Richard Arico, P.E. - • 6875 Del Mar Terrace • Naples. Florida 3-1105 • Phone: (239) 288-3.135 E-Mail: riclnarda-icovvcomcast.net January 31, 201,l Jim Smith, President Marbella Lakes Owners Association, Inc. 6664 Marbella Lane Naples, FL 34105 RE: Marbella Lakes Traffic Control Compliance Dear Mr. Smith: I hereby certify that the street signs and pavement markings located in the Marbella Lakes subdivision are consistent with Site Development Plans and Amendments for Livingston Village/Marbella Lakes, as approved by Collier County. The existing signage and pavement markings are in compliance with Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. This certification is based on my review of the approved plans and various on-site field inspections, which I completed on January 6, 2014. Please call if you have questions or need additional clarification. I can be reached at the contact information shown above. Sincerely, Riches d' . Arico, PE r Y C v ,� Richard J. Arico, P.E. Florida P.E. 59674 Dated: /3i) Exhibit- ''6: '' N v � 6J 1 , m,m Exhibit C: Geographic Map of Marbella Lakes - f A Subdivision located in Collier County, Florida, _ TiN l. MAC,Section 19,Township 49 South, Range 26 East i 1 LEGAL DESCRIPTION I p.MAL Begin at the Northwest corner of Section 19, 1 g G m __ � ¢s Township 49 South, Range 26 East, Collier County, s F Florida; Thence along the North line of said Section I-- I A 19, North 89°34'54" East, for a distance of 4886.54 ® $ feet to the West right-of-way of Interstate 75;Thence f ® ' g run along said West right-of-way, South 00°40'12" F ® '-litml r East for a distance of 1326.91 feet to the Northeast ® - - corner of Lot 7, Grassmere at Wyndemere Phase „w� �"�'"" "' Two, as recorded in Plat Book 16, Pages 20 and 21; �'�'" °'�' Thence run along the North line of said Plat of e E. IGrassmere at Wyndemere Phase Two, and along the �_ North line of Grassmere at Wyndemere Phase One, ®` m as recorded in Plat Book 15, Pages 22 and 23 and 1 ®- along the North line of Villa Floresta at Wyndemere / /; a 5411.Phase One, as recorded in Plat Book 14, Pages 64 - / _- through 66, and along the North line of the Replat of 1r, ir part of Wyndemere Tract Map, as recorded in Plat F i` - aft/' Book 13, Pages 39 through 43,South 89°35'19"West, for a distance of 4899.66 feet to the Northwest P ®, E corner of Parcel "BB" according to said Plat and to a 414ir�'AVON point on the West line of said Section 19;Thence run 4044411 along the West line of said Section 19, North 00°06'12"West,for a distance of 1326.32 feet to the point of,beginning; Containing 149.017 Acres, more .4 i ir- 0 gell NM -I or less. mug I Q o d r , Ilk!!lit?. 5,. OR POP"1.3.95,"5 e5<—55 z-- Detail by Entity Name Page 1 of 2 16J 1 . FLORIDA DEPARTMENT OF STATE DIVISION F CORPORATION .. ,.., d' s y •f&^b . Detail by Entity Name Florida Non Profit Corporation MARBELLA LAKES OWNERS ASSOCIATION, INC. Filing Information Document Number N09000003727 FEI/EIN Number 264831772 Date Filed 04/14/2009 State FL Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 05/28/2009 Event Effective Date NONE Principal Address 6664 Marbella Lane • Naples, FL 34105 Changed: 04/24/2013 Mailing Address 6664 Marbella Lane Naples, FL 34105 Changed: 04/24/2013 Registered Agent Name &Address GRS Management Associates 3900 Woodlake Blvd. Suite 309 Naples, FL 34105 Name Changed: 04/24/2013 Address Changed: 04/24/2013 Officer/Director Detail Name &Address Title President Smith, James 6664 Marbella Lane Naples, FL 34105 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityName/domn... 3/12/2014 Detail by Entity Name Page 2 of ib Title VP Howard, Joseph 6664 Marbella Ln., Naples, FL 341#6tact Us E-Filing Services Document Searches Forms Help Title Treasurer Cohan, Brett 6664 Marbella Lane Naples, FL 34105 Title Secretary Dolan, Michael 6664 Marbella Lane Naples, FL 34105 Title Director Tamburri, William 6664 Marbella Lane Naples, FL 34105 Annual Reports Report Year Filed Date 2011 04/06/2011 2012 04/27/2012 2013 04/24/2013 Document Images 04/24/2013 --ANNUAL REPORT View image in PDF format 04/27/2012 --ANNUAL REPORT View image in PDF format 04/06/2011 --ANNUAL REPORT View image in PDF format 05/01/2010 --ANNUAL REPORT View image in PDF format 05/28/2009 -- Mercier View image in PDF format 04/14/2009 -- Domestic Non-Profit View image in PDF format Corwr:l:lt• aad i':ivai>-Posries State cf f loi ida, ',f„iil:"timnIt of St to http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityName/domn... 3/12/2014