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Backup Documents 09/08/2015 Item #16J3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1 6 :, ,,,.,,, TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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#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. 3. County Attorney Office County Attorney Office JAB 9/1/15 4. BCC Office Board of County `1NS bA Commissioners \ATA( 9\\I5 5. Minutes and Records Clerk of Court's Office 'Ire— q [et liS 153"41\ 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 JenniferA. elpedio,Esq.,County 252-8400 Contact/ Department _ Attorney' Office Agenda Date Item was 9/8/15 Agenda Item Number 16J-3 Approved by the BCC Type of Document Traffic Control Agreement—Banyan Number of Original One Attached Woods Documents Attached PO number or account n/a 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 Stamp OK JAB 2. Does the document need to be sent to another agency for additional signatures? If yes, JAB IV 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 JAB 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 JAB j// 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 JAB 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 JAB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAB 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 9/8/15 and all changes made during the JAB 'IA , , meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorneyverifying that the attached document is the version approved bythe `rinted . �'� g pP BCC,all changes directed by the BCC have been made, and the document is ready for the from ,: Chairman's signature. Sire ; [15-COA-01698/1206217/111: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 16J3 MEMORANDUM Date: September 10, 2015 To: Jennifer A. Belpedio, Assistant County Attorney County Attorney's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Traffic Control Agreement for Banyan Woods Attached for your records is a copy of the document mentioned above, (Item #16J3) approved by the Board of County Commissioners on Tuesday, September 8, 2015. The original document is being held in the Minutes and Records Department as part of the Board's Official Records. Copies have been sent to the Sheriff's Department and the Banyan Woods Master Association's President. If you have any questions, please contact me at 252-8411. Thank you. 16J3 MEMORANDUM Date: September 10, 2015 To: Kevin Rambosk, Sheriff Collier County Sheriffs Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Traffic Control Agreement for Banyan Woods Attached for your records is a copy of the Agreement referenced above (Agenda Item #16J3), adopted by Collier County's Board of County Commissioners on September 8, 2015. If you have any questions, please call me at 252-8411. Thank you. 1 6 J 3 MEMORANDUM Date: September 10, 2015 To: Gary Crisci, President Banyan Woods Master Association Inc. From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Traffic Control Agreement for Banyan Woods Attached for your records is a copy of the Agreement referenced above (Agenda Item #16J3), adopted by Collier County's Board of County Commissioners on September 8, 2015. If you have any questions, please call me at 252-8411. Thank you. 1 6 J 3 AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE SUBDIVISION OF BANYAN WOODS MASTER ASSOCIATION, INC, 4k THIS AGREEMENT is made and entered into this CI day of S , 20 7), by and among the following three parties: Banyan Woods Master Association, Inc., 4880 Rustic Oaks Circle, Naples, Florida 34105 (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 Tamiami Trail, Suite 303, Naples, Florida 34112. WHEREAS, all roads within the subdivision Banyan Woods Master Association, Inc., (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 July 17, 2015, 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 1 6 J 3 1 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 9 1 6J3 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 An; 16J3 IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and the County have executed this agreement. WITNESSES: Banyan Woods Master Association, Inc. Sig ure of First Witness P By: ( ('-'4/7 �t �0► LI. G( d_._- Gary Crisci,President Print Name of First Witness aa. au. -4.e_.t..c.,‘.- Signature of Second Witness Print Name of Second Witness WITNESSES: COLLIER COUNTY SHERIFF'S OFFICE ,_ � ignature of First Witness By: �' KEVI . ' BOSK, Sheriff Ekvt Print Name of First Witness :r?,, ") r7 nature of Second Witness T,?? . GJ ( L-c-( Aim 3 Print Name of Second Witness ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ‘001A-LiiR. By. 4/40ece,..„,, D +ac chairman's TIM NANCE , Chairman signature o itV�. Approved'as to-forfn and legality: 11 Jennifer A. Belp 'o X t5 Assistant County Attorney �W"" 1,01 4 �� 16J3 Banyan Woods Master Association, Inc. 4880 Rustic Oaks Circle Naples, Florida 34105 July 17, 2015 Collier County Sheriffs Office Attention: Legal 3319 Tamiami Trail East Naples, Florida 34112 RE: Banyan Woods Master Association,Inc,Traffic Control Agreement Request To Whom It May Concern: The Banyan Woods Master Association, Inc. is submitting the attached form agreement and supporting documentation for consideration and approval. The Association is requesting the Collier County Sheriff's Office enforce the traffic laws of the State and County on its private roadways. Attached,for your reference, please find the "Agreement Approving and Providing for County Traffic Control Jurisdiction over Roads within the Subdivision," Exhibit"A" (this letter), Exhibit"B" (an original letter from Gerard F. Maron PE certifying all signs are consistent with the approved plans for the subdivision), and Exhibit"C" (a Signage and Striping Plan depicting the subdivision and private roads the Association wishes to be patrolled by the Sheriffs office). If there is any additional information required, please contact our Community Association Manager, Janet Howard at 239.877.7457 or via e-mail janeth@directorschoicellc.com. We look forward to your response. Best regards, , Gary Crisci, Prq '•ent Banyan Woods Master Association, Inc. 4880 Rustic Oaks Circle Naples, Florida 34105 6-0,1,; b:+ j3 GFMaronPE 1 6 Structural Engineering g g Building Envelope Forensics June 15, 2015 Banyan Woods Master Association, Inc. c/o Janet Howard Directors Choice 3784 Progress Avenue Naples, FL 34104 Subject: Banyan Woods Traffic Control Signage Survey Naples, Florida Dear Ms. Howard: In conformance with my proposal of March 31, 2015, approved site development plans for Banyan Woods were obtained from the Collier County Building Review Division. Included in these plans was Drawing 18; Signage and Stripping Plan. This drawing was the used to locate most of the existing traffic control signs in this sub-division. A reduced sized copy of Drawing 18 is attached. All signs originally shown on the drawing are highlighted. All of these signs were installed in the locations indicated. Two stop signs were added in addition to the signs on the drawing. These signs are also shown on the attached Drawing 18. Stop Sign 1 was added at the exit of the parking area at the community center. Stop Sign 2 is located at the community exit onto Airport Road. This sign is in the County Right of Way. Additionally,three "Keep Right"pictogram signs were added to the traffic circle at the community's main entrance. All of the community's traffic control signs conform to Florida Department of Transportation Guidelines with regards to size and reflectivity. Based on my examinations of the approved site development plans and the signs in place in the Banyan Woods Sub Division, it is my professional opinion that these signs are completed and are in substantial accordance with the approved sub division construction plans If you have any questions, feel free to contact me at 239-963-4064. Sinc rely. "orii.„ erard F. 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