Agenda 02/14/2012 Item #16J42/14/2012 Item 16.J.4.
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 Carlton Lakes Subdivision.
OBJECTIVE: That the Board of County Commissioners approve and authorize the
Chairman to sign the attached Agreement on behalf of the Board of County
Commissioners. This Agreement has been placed on the Board's Agenda at the request of
the Sheriffs Office.
CONSIDERATIONS: The Carlton Lakes Master Property Owners Association, Inc.
(hereinafter Master Association), and the Collier County Sheriffs Office have negotiated
the attached Agreement. The Sheriff's Office will assume traffic control jurisdiction over
private roads within the Carlton Lakes Subdivision. Representatives of the Sheriffs Office
have affirmed that traffic control of the Carlton 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 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
Sheriffs 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 Sheriff s 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 legally sufficient for Board action and
requires a majority vote of the Board. - CMG
RECOMMENDATION: Recommendation that the Board of County Commissioners
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 Carlton
Lakes Subdivision.
Prepared by: Colleen M. Greene, Assistant County Attorney
Michael J. Hedberg, Esquire, Captain of Legal Services
Collier County Sheriff's Office
Attachment: Agreement
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2/14/2012 Item 16.J.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 1614.
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 Carlton Lakes Subdivision.
Meeting Date: 2/14/2012
Prepared By
Name: CrotteauKathynell .
Title: Legal Secretary,County Attorney
1/19/2012 4:30:27 PM
Approved By
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 1/24/2012 2:57:56 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/30/2012 11:09:57 AM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 1/31/2012 2:38:13 PM
Name: OchsLeo
Title: County Manager
Date: 1/31/2012 3:52:56 PM
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2/14/2012 Item 16.J.4.
AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC
CONTROL JURISDICTION OVER ROADS WITHIN THE SUBDIVISION OF
Carlton Lakes Master Association, Inc.
THIS AGREEMENT is made and entered into this day of
20 12 , by and among the following three
parties: Carlton Lakes Master Association, Inc., C/O Gulf Breeze Management
Services of S.W., Florida, LLC., 8910 Terrene Court, Suite 200, Bonita Springs, FL
34135 (hereafter the "Property Owners Association'); the Collier County Sheriff's
Office, 321.9 East Tamiami Trail, Building ], Naples, Florida 34112; and the Board
of County Commissioners of Collier County, Florida, 3299 East Tamiami Trail,
Building F, Naples, Florida 34112.
WHEREAS, all roads within the subdivision Carlton Lakes, (hereinafter the
"Subdivision's (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 November 7, 2011, 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
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2/14/2012 Item 16.J.4.
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 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-dal , 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
enforcement of all County and State traffic control regulations and laws
2
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2/14/2012 Item 16.J.4.
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 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 Properly 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 terns of this Agreement.
3
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2/14/2012 Item 16.J.4.
IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and
the County have executed this agreement.
WITNESSES: /
0 ` �4
Signature of First Witness
Print Name of F' t Witness
ign of Second Witness
f� � * 0///
Print Name o Second Witness
W SS�S•
Signature First .Wi s
Print Name of First Witness
Sign re of Second Witness
G Ar-'6wodY 6. 5.,7 / T'H
Print Name of Second Witness
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
Approved as to form and
legal sufficiency:
CARLTON LAKES MASTER ASSOCIATION, INC
President
;¢' �' •'� MARY L. HOWARD
MY COMMISSION # DD 749405
EXPIRES: January 20, 2012
COLLIER COUNTY SHERIFF'S OFFICE
By:
KEVIN J. RAMBOSK, Sheriff
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
:
, Chairman
r � �mk-'O�
Colleen M. Greene
Assistant County Attorney
4
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2/14/2012 Item 16.J.4.
November 7, 2011
Collier County Sheriff
3301 East Tamiami Trail
Building J
Naples, FL 34112
Site: Carlton Lakes Subdivision
Naples, Collier County, Florida
To Whom It May Concern,
The Carlton Lakes Master Association, Inc is requesting for the Collier County Sheriff to
enforce traffic laws of the State and County on all private roadways within the Carlton
Lakes subdivision. The Carlton Lakes Master Association, Inc. is responsible for
maintaining and controlling the roadways within the Carlton Lakes subdivision.
Please feel free to contact me should you have any questions.
Respectfully Submitted,
Carlton Lakes Master Association, Inc.
G/
President
MARY L HOWARD
*: MY COMMISSION # DD 749405
y' EXPIRES: January 20, 2012
EXHIBIT
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�'�N a
2/14/2012 Item 16.J.4.
Florida's Leading Engineering Source
Environmental • Geotechnical • Construction Materials Testing • Threshold and Special Inspections - Plan Review & Code Compliance
November 7, 2011
Carlton Lakes Master Association, Inc.
c/o Gulf Breeze MGT SVCS of SW FL, LLC
8910 Terrene Court, Suite 200
Bonita Springs, Florida 34135
Phone: (239) 498 -3311
Fax: (239) 498 -4974
Site: Carlton Lakes Subdivision
Naples, Collier County, Florida
GFA Project # 09 -0587
Dear Mr. Krick:
GFA International, Inc. (GFA) has completed professional engineering consulting services for
the above - referenced project in accordance with the engineering service agreement for this
project. The scope of services was completed in accordance with our Proposal (P- 20 -09- 0629),
planned in conjunction with and authorized by you.
GFA understands that the Carlton Lakes Master Association, Inc. would like for the Collier
County Sheriff's Office to provide traffic control within the Carlton Lakes Subdivision. We
understand in order to enter into this agreement with Collier County, the street signage and road
markings must comply with the minimum requirements of the current U.S. Department of
Transportation Federal Highway Administration's Manual on Uniform Traffic Control Devices
( MUTCD) and the Collier County Land Development Code.
A professional engineer from our firm has completed a survey of the existing street signage and
road markings within the Carlton Lakes Subdivision. It is in GFA's professional opinion that the
existing street signage and road markings are in general accordance with the requirements of
the MUTCD and the Collier County Land Development Code.
We appreciate the opportunity to be of service to you on this project and look forward to a
continued association. Please do not hesitate to contact us if you have any questions or
comments, or if we may further assist you as your plans proceed.
Respectfully Submitted,
GFA International, I�qc. • • • • •..,•
Florida Certificate OfN*Qri c
Casey M.'WJ'd, P.E. 1! 1-ill",
Professional t kieer�SW :X"
State of Flori -p P •: w4i,
S/oNA\ -e,,,
"C" o
zl~xi11
E IBIT
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5851 Country Lakes Drive • Fort Myers, Florida 33905 • (239) 489 -2443 • (239) 489.3438 (fax) • www.teamgfa.com
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