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Agenda 04/08/2014 Item #16J14/812014 16.J.1. 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 Marbella Lakes Subdivision. OBJECTIVE: That the Board of County Commissioners approves and authorizes the Chairman to sign the attached Agreement on behalf of the Board of County Commissioners. This Agreement has been placed on the Boards Agenda at the request of the Sheriffs Office. CONSIDERATIONS: The Marbella Lakes Owners Association. Inc. (hereinafter Master Association). and the Collier County Sheriffs Office have negotiated the attached Agreement. The Sheriffs Office will assume traffic control jurisdiction over private roads within the Marbella Lakes subdivision. Representatives of the Sheriffs Office have affirmed that traffic control of the Marbella Lakes 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 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 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 Sheriffs 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: This item is approved as to form and legality and requires a majority, vote for Board approval. - JAB RECOMMENDATION: Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an Agreement Authorizing the Collier County Sheriffs Office to have traffic Control jurisdiction over private roads within the Marbella Lakes subdivision. Prepared by: Jennifer A. Belpedio. Assistant County Attorney Michael J. Hedberg. Esquire, Chief of Court and Legal Services Collier County Sheriffs Office Attachment: Agreement Packet Page -1668- 4/8/2014 16.J.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16116.1.1. 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 Marbella Lakes Subdivision. Meeting Date: 4/8/2014 Prepared By Name: CrotteauKathynell Title: Legal Secretary. CAO Office Administration 3/18;2014 11:27:23 AM Approved By Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 3/25/2014 4:05:14 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs. Office of Management & Budget Date: 3/25/2014 5:46:19 PM Name: KlatzkowJeff Title: County Attorney. Date: 3/31/2014 9:44:02 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/31/2014 2:33:21 PM Packet Page -1669- 4/8/2014 16.J.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 day of ,20 , 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 �R g W4 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 goveming body of the county for county traffic control jurisdiction over the road(s) covered by the agreement; and Packet Page -1670- 4/8/2014 16..E.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 Sheriffs 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 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 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 Packet Page -1671- �q0� I i 4/8/201416.J.1. a j.. 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 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. Packet Page - 1672 -. 4/812014 16.%J1.11. IN WITNESS WHEREOF, the Owners Association, the Sheriff, and the County have executed this agreement. WIT ESSES MARBELLA LAKES OWNERS ASSOCIATION, INC. Signat a of First Witn ss l By: Print Name of Fimt Witness 1 r—. Signature of Q0 Witness Print Name of Second Witness F iggt Name of First Witn s ature of Second Wi ess Print Name of Second Witness ATTEST: DWIGHT E. BROCK, Clerk Deputy Cleric Approved as to form and legality: ':�l r1 Jennifer A. E�elpedio Assistant County Attorney SMITH, President COLLIER COUNTY SHERIFF'S OFFICE By: - K RAMBOSK, Sheriff BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING', Chairman Packet Page -1673- 4/8/2014 16. J.1. Exhibit "A" MARBELLA LAKES OWNERS ASSOCIATION, INC. 6664 Marbella Lakes Drive Naples, FL 34105 January 8, 2013 Collier County Sheriff's Office Attu: Sheriff Rambosk 3219 E Tamiami Trail Naples, FL 34112 Re: Marbella Lakes Owners Association Dear Sheriff Rambosk, We are requesting that the Collier County Sheriffs Office patrol the private roads within Marbella Lake Subdivision and exercise jurisdiction over these private roads by enforcement of State and County c laws. incerely, J S t Packet Page -1674- Richard Arico, P.E. 6875 Del Mar Ten-ace • Naples. Florida 34105 • Piiotie: (239) 288 -3435 E Mail: richardarico(ticomc�LsL.uet ,j anuan 31.2014 Jim Smith. President Marbella Lakes Owners Association, Inc. 6664 Marbella Lane Naples, FL 34105 RE: Marbella Lakes Traffic Control Compliance Dear Mr. Smith: /f it 11 4/8/2014 16..x.1. an 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 inforination shown above. Sincerely, Richard, . Anco, PE Richard,j. Arico, P.E. Florida P.E. 79674 Dated: ' O j 1) Packet Page -1675- Exhibit C: Geographic Map of Marbella Lakes A Subdivision located in Collier County, Florida, Section 19, Township 49 South, Range 26 East LEGAL DESCRIPTION Begin at the Northwest corner of Section 19, Township 49 South, Range 26 East, Collier County, Florida; Thence along the North line of said Section 19, North 89 °34'54" East, for a distance of 4886.54 feet to the West right -of -way of Interstate 75; Thence run along said West right -of -way, South 00 °40'12" East for a distance of 1326.91 feet to the Northeast corner of Lot 7, Grassmere at Wyndemere Phase Two, as recorded in Plat Book 16, Pages 20 and 21; Thence run along the North line of said Plat of Grassmere at Wyndemere Phase Two, and along the North line of Grassmere at Wyndemere Phase One, as recorded in Plat Book 15, Pages 22 and 23 and along the North line of Vilia Floresta at Wyndemere Phase One, as recorded in Plat Book 14, Pages 64 through 66, and along the North line of the Replat of part of Wyndemere Tract Map, as recorded in Plat Book 13, Pages 39 through 43, South 89 °35'19" West, for a distance of 4899.66 feet to the Northwest corner of Parcel "BB" according to said Plat and to a point on the West line of said Section 19; Thence run 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 or less. E 4/8/2014 16. J .1. Packet Page -1676- Detail by Entity Name tail by Entity game n vront L;orporauon � LAKES OWNERS ASSOCIATION, INC. -ument Number /EIN Number to Filed to itus ;t Event Bnt Date Filed Dnt Effective Date ncipal Address i4 Marbelia Lane pies, -FL 34105 anged: 0412412013 ilinq Address 34 Marbelia Lane pies, FL 34105 anaed: 0412412013 N09000003727 264831772 04/14/2009 FL ACTIVE CORPORATE MERGER 05/28/2009 NONE egcstereCl Agent Name & Ac RS Management Associates 300 Woodlake Blvd. uite 309 aples, FL 34105 ame Changed: 04/2412013 ddress Changed: 0412412013 fficer /Director Detail ame & Address President , James Marbelia Lane �s, FL 34105 4/81'2014 16..x.1. http: // search .sunbiz.org /Inquiry /Corporati Packet Page - 1677- ,ultDetail/EntityName /'dome... 3/12x'2014 Detail by Entity Name M coward, Joseph ;664 Marbella Ln., Japles, FL 341DEtact us itle Treasurer ;ohan, Brett ,664 Marbella Lane Japles, FL 34105 'itle Secretary ►olan, Michael 664 Marbella Lane Japles, FL 34105 itle Director amburri, William 564 Marbella Lane aples, FL 34105 Report Year 2011 2012 2013 4/8/2014 16.J.1. E- Filing Services Document Searches Forms Help Filed Date 04/06/2011 04/27/2012 04/24/2013 104/2412013 — ANNUAL REPORT View image in PDF format 04/2712012 — 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 05/2812009 -- Merger View image in PDF format 04/14/2009 — Domestic Non - Profit L View image in PDF format Conviialit C; and Pnvicy Pounce, State of Florida, Department of State http: // search .sunbiz.org /Inquiry /CoTporat* Packet Page -1678- ultDetail /EntityName /domn... 3/12/2014