Loading...
Agenda 04/10/2012 Item #16D 24/10/2012 Item 16.D.2. EXECUTIVE SUMMARY Recommendation to approve a budget in the amount of $21,880 for the Vanderbilt Beach Access signage installation and access amenities pursuant to a Board approved Settlement Agreement dated August 29, 2011, and make a finding that this item promotes tourism. OBJECTIVE: To approve a budget in the amount of $21,880 for the Vanderbilt Beach Access signage installation and access amenities pursuant to a Board approved Settlement Agreement dated August 29, 2011, and make a finding that this item promotes tourism. CONSIDERATIONS: This budget is required and necessary pursuant to a Board approved Settlement Agreement in the lawsuit styled: Charles V. Chaffee, et. al., v. Collier County, to address the relative cost considerations for the engineering, permitting, and construction cost associated with the following improvements to the Vanderbilt Beach Access Easements throughout the Gulf Shore Drive corridor: Description of work Estimated Budget Beach Access Signage Engineering & Permitting $19,480.00 Installation of Bike Racks (4 ) $2,400.00 TOTAL 1 $21,880.00 The above required scope of work is consistent with the recommended improvements in accordance with the recently established "Settlement Agreement" attached herewith. The improvements to the beach access easements were previously placed on -hold pending the results of the aforementioned "Settlement Agreement," whereas staff have now been directed to move forward with the project. The proposed beach access anticipated improvements have also been vetted with the Vanderbilt MSTU through Collier County's Alternative Transportation Department. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax. Budget is available for the project in Fund 183. Funding was approved for this project in the FY 11/12 budget in Fund 183, Project 80058. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATION: At the PARAB March 21, 2012 meeting recommendation to approve this item passed unanimously by a 7 to 0 vote. At the TDC March 25, 2012 meeting recommendation to approve this item passed unanimously by a 8 to 0 vote. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — CMG Packet Page -1126- 4/10/2012 Item 16.D.2. RECOMMENDATION: To approve a budget in the amount of $21,880 for the Vanderbilt Beach Access signage installation and access amenities pursuant to the Board approved Settlement Agreement dated August 29, 2011 and make a finding that this item promotes tourism. PREPARED BY: J. Gary McAlpin, P.E., Director, Coastal Zone Management Department Packet Page -1127- 4/10/2012 Item 16.D.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2. Item Summary: Recommendation to approve a budget in the amount of $41,360 for the Vanderbilt Beach Access signage installation and access amenities pursuant to a Board approved Settlement Agreement dated August 29, 2011, and make a finding that this item promotes tourism. Meeting Date: 4/10/2012 Prepared By Name: HambrightGail Title: Accountant,Coastal Zone Management 2/14/2012 5:02:25 PM Submitted by Title: Accountant,Coastal Zone Management Name: HambrightGail 2/14/2012 5:02:26 PM Approved By Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 2/22/2012 1:42:23 PM Name: McAlpinGary Title: Director - Coastal Management Programs,Coastal Zon Date: 2/28/2012 1:34:54 PM Name: GreeneColleen Title: Assistant County Attomey,County Attorney Date: 3/9/2012 1:55:11 PM Name: RamseyMarla Title: Administrator, Public Services Date: 3/21/2012 10:03:22 AM Packet Page -1128- Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 3/22/2012 11:41:59 AM Name: KlatzkowJeff Title: County Attorney Date: 3/29/2012 4:22:35 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 4/3/2012 8:32:09 AM Name: OchsLeo Title: County Manager Date: 4/3/2012 12:35:32 PM Packet Page -1129- 4/10/2012 Item 16.D.2. INSTR 4617049 OR 4728 PG 898 RECORDED 10/18/2011 10:03 AM PAGES 10 4/10/2012 Item 16.D.2. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $86.50 INDX $11.00 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ( "Agreement ") is made and entered into by and between Charles V. Chaffee and Karen J. Chaffee, Rick Harwick and Kathy iHarwick, James H. Kabcenell and Rhonda A. Kabcenell, Robert F. Fritz, Jr. and Patricia M. Fritz, Nancy Jane Kay, Trustee of the Nancy Jane Kay Revocable Trust Dated July 14, 1998, Robert A. Burns and Nancy C. Bums, Glen T. Blaugh and Sandra Blaugh ( "Plaintiffs ") and Collier County, Florida ( "County ") (collectively, "the Parties ") and is effective as of the first date written below. WHEREAS, Plaintiffs filed Collier County, Florida in which "Litigation "); and WHEREAS, P three beach access wal WHEREAS, the (the "Released Claims "), in C,- to avoid further 1618 -CA pending in the Circuit Court of ,;12 is named as defendant (the garding the allowable uses of at issue in the Litigation n; and, WHEREAS, the Pa ve consulted wit�'tki !2by ective legal counsel regarding their rights and desire to reso�the t R lean i way of this Agreement, which constitutes a compromise b mplete and final civil settlement of the Released Claims as between them. NOW, THEREFORE, in consideration of the promises and the mutual covenants and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties agree to the following terms and conditions as full and complete settlement of this action: 1. This Settlement Agreement applies to the three beach access walkways on Gulf Shore Drive located across from Channel Drive between 10315 Gulfshore Drive and 10341 Gulfshore Drive ( "Channel Walkway "), Seabreeze Avenue between 10217 Gulfshore Drive and 10I73 Gulfshore Drive ( "Seabreeze Walkway ") and Bayview Avenue between 10073 Gulfshore Drive and 10047 Gulfshore Drive ( "Bayview Walkway ", collectively, the "Walkways" and each a "Walkway ") Packet Page -1130- 4/10/2012 Item 16.D.2. OR 4728 PG 899 2. The County will maintain the Channel Walkway and the Seabreeze Walkway in their natural state in the future. 3. The County will be permitted to repair and maintain the existing boardwalk within the Bayview Walkway. The existing boardwalk improvements may also be replaced within the same footprint. In all other respects, the County will maintain the Bayview Walkway in its natural state. 4. The County may place bike racks at each Walkway. 5. Except for the boardwalk in the Bayview Walkway and bike racks at each Walkway, the County will make no improvements to the Walkways whatsoever, including, without limitation, the addition of trash cans or toilet facilities. The County may place small signs at each W k-N , r �' users to take all trash with them. 6. The County may ins s- Qfi"poiirs-+tfi �ad right -of -way at each Walkway. The signs will rea ch Access" and inclu th County logo. The signs will be the same as, an in all cu ntly th, sig s a all other beach access points along Gulf Sho D ' , b t .1 n t an 6" wide and 30" tall and will be installed at t �-^ l wed n er Oki ting codes. The County will not use pavemet t kings at any of ththre ays. The installation of any sign shall not crea the County any ek o�Sr plied rights or obligations, not already set forth in tht'� 7. The County shall not cow a or drop -off program at any of the Walkways. 8. The Plaintiffs do not object to people using the Walkways for non - commercial recreational purposes However, County agrees that its own use of any of the Walkways will be solely for beach access by emergency personnel, sea turtle monitoring and to conduct beach maintenance. 9. The County will not discriminate in any manner with respect to beach maintenance along Vanderbilt Beach, including, without limitation, near the Walkways. 10. Upon executing this Settlement Agreement, Plaintiffs hereby release and forever discharge County, its employees, agents, successors and assigns from any and all claims and/or causes of action that were asserted, or could have been asserted, in the above - captioned action. County likewise releases Plaintiffs, their attorneys and their heirs, successors and assigns in the same manner as described herein. -2- Packet Page -1131- oR 4728 PG 900 4/10/2012 Item 16.D.2. 11. The Parties agree to file with the Court a Stipulation for Dismissal of this action with prejudice, and to allow the Court to retain jurisdiction to enforce this Settlement Agreement. The Stipulation for Dismissal With Prejudice shall be filed within three (3) days after the Parties have executed this Stipulation. 12. The Parties agree, warrant, and represent that they have carefully read the contents of this Settlement Agreement; that they do so with full knowledge of any rights which they may have; that they have received independent legal advice from their respective attorneys with respect to the matters set forth in this Settlement Agreement; and that they freely have signed this Settlement Agreement without reliance upon any agreement, promise, statement or representation by or on behalf of the Parties or their respective attorneys, excep in„this Settlement Agreement. Each person executing this Settle emen uthorized to sign on behalf of its respective party a t . ind that party. 13. This Settlement gr cm st' tes t e entire re ment between the Parties with respect to the bj t r e s a I prior and contemporaneous oral and writt e s i ussi s modification, alteration, or amendment to t ' ttlement Agreeme 5v id f no force or effect unless it is in writing and sig all the Parties. G 14. If any provision of t AgreCt found to be invalid by a Court of competent jurisdiction, suc ct the validity of any other provisions of this Settlement Agreement. 15. The Parties acknowledge that each patty has participated in the preparation of this Settlement Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in its interpretation. 16. This Settlement Agreement shall bind and inure to the benefit of the Parties hereto, their successors and assigns and their respective agents, servants, and employees. 17. This Settlement Agreement supersedes all prior understandings, representations and negotiations between the Parties, and may be modified or amended only by a writing executed by all of the signatories hereto. 18. The laws of the State of Florida shall govern this Settlement Agreement. 19. The Parties agree that they will each bear their own attorney's fees and costs incurred in connection with the Litigation. -3- Packet Page -1132- OR 4728 PG 901 4/10/2012 Item 16.D.2. 20. In the event of any breach of any representation, warranty, covenant, or provision in this Settlement Agreement by any party and such breach continues for more than ten (10) days after written notice from the non - breaching party to the breaching party, then, at the non - breaching party's option, the non - breaching party may pursue such remedies as may be available at law or in equity to protect and enforce its rights under this Settlement Agreement. In connection with any litigation, including appellate proceedings, arising out of this Settlement Agreement, the prevailing party or parties shall be entitled to recover reasonable attorney fees and costs from the non - prevailing party or parties. 21. This Settlement Agreement can be executed in any number of counterparts, each of which shall be taken to �c�f�nstrument, for the same effect as if all Parties hereto had sib rfie stg ttj �\ CH ES V. CHA �` '�` CHAFFEE�� Date: (2 Irl `� '� 1,79,Zl'l RICK HARWICK � � Cl C/ KATHY HARWICK Date: JAMES H. KABCENELL Date: -4- Packet Page -1133- Date: RHONDA A. KABCENELL Date: OR 4728 PG 902 rs 21. 4/10/2012 Item 16.D.2. In the event of any breach of any representation, warranty, covenant, or provision in this Settlement Agreement by any party and such breach continues for more than ten (10) days after written notice from the non - breaching party to the breaching party, then, at the non - breaching party's option, the non - breaching party may pursue such remedies as may be available at law or in equity to protect and enforce its rights under this Settlement Agreement. In connection with any litigation, including appellate proceedings, arising out of this Settlement Agreement, the prevailing party or parties shall be entitled to recover reasonable attorney fees and costs from the non - prevailing party or parties. This Settlement Agreement can be executed in any number of counterparts, each of which shall be taken to be Parties hereto had CHARLES V. CHAFFEE RICK HARWICK Dater JAMES H. KABCENELL Date: for the same effect as if all J. CHAFFEE CA. Date: -4- -Tj Packet Page -1134- RHONDA A. KABCENELL Date: OR 4728 PG 903 4/10/2012 Item 16.D.2. 20. In the event of any breach of any representation, warranty, covenant, or provision in this Settlement Agreement by any party and such breach continues for more than ten (10) days after written notice from the non - breaching party to the breaching party, then, at the non - breaching party's option, the non - breaching party may pursue such remedies as may be available at law or in equity to protect and enforce its rights under this Settlement Agreement. In connection with any litigation, including appellate proceedings, arising out of this Settlement Agreement, the prevailing party or parties shall be entitled to recover reasonable attorney fees and costs from the non - prevailing party or parties. 21. This Settlement Agreement can be executed in any number of counterparts, each of which shall be taken to be on instrument, for the same effect as if all Parties hereto had signe �� C) CHARLES V. CHAFFI:E `'J� J. CHAFFEE Date: RICK HARWICK C KATHY HARWICK Date: JAMES H. KABCENELL -4- Date: • �• INNER@- Date: 840 -5 11� Packet Page -1135- i 4/10/2012 Item 16.D.2. OR 4728 PG 904 ROBERT F. FRITZ, JR. PATRICIA M. FRITZ Date: NANCY JANE KAY NAXCY.C. BURNS �LCc� C R CO A Date: R 3 SANDRA BLAUC14 ~ t � C Date: -5- Packet Page -1136- Date: ROBERT A. BURNS Ste: ('3 I i . BLAUCH OR 4728 PG 905 4/10/2012 Item 16.D.2. ROBERT F. FRTiL, 7R. PATRICIA M. FRPIZ Date: Date: NANCY JANE KAY ROBERT A. BURNS 1 Date: 1 f x Q Da NANCY C. BURNS Date: D L) SANDRA BLAUCH i�,\ 1 T C;� TIE C:1� Date: -5- Packet Page -1137- T.BLAUCH 10 OR 4728 PG 906 ROBERT F. FRITZ, JR. Date: NANCY JANE KAY Date: NANCY C. BURNS C" SANDRA Date: Y,2 q- PATRICIA M. FRITZ Date: ROBERT A. BURNS U te: V CI C� -5- Packet Page -1138- -a9- // 4/10/2012 Item 16.D.2. * ** OR 4728 PG 907 * ** DATED this I ! day of 0 [ 4 Le V- , 2011. ATTEST DWIGHOCK, "CLERK ,. eput le ., Ai`et e5 -L" acres ; BiOdtu� ctr�,y Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney CP \05- 1618\2290 4/10/2012 Item 16.D.2. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 7UL W. FRED W. COYLE, Ch ' an S & m e, E Q� Kk w P" �2 L� Im Packet Page -1139- 4/10/2012 Item 16.D.2. Packet Page -1140- 4/10/2012 Item 16.D.2. Packet Page -1141- 4/10/2012 Item 16.D.2. Packet Page -1142- 4/10/2012 Item 16.D.2. Packet Page -1143- d/1 n /7f11 `) Itcm Iatil Packet Page -1144- 4/10/2012 Item 16.D.2. To: Clint Perryman Phone: 252 -4245 From: Sharon Johnson Fax: 252 -6531 Quote Description: Installation of Custom Aluminum Beach Access Signs for Collier County - Revised 03/4/12 Item Description 1) Custom Beach Access Double sided Signs on Posts Consisting of the following: Sign faces : 30 "h x 26" w .090 thick Aluminum With Vinyl Copy and Design made with 2 sign faces back to back for double sided Signs All Welded Construction With Four Arm Brackets with Bolted Clamps on arms This way arms and signs can removed for storms 4" Dia x 1/4 "thick Smooth Round Street Post To be installed at the allowable Height per code LSQB4 base,4" Round smooth post, LSQ Finial CCOLLIER COUNTY Sun & Palm Tree LOGO copy: BEACH ACCESS EACH POST WILL HAVE A DIFFERENT NUMBER USING 1 THRU 8 All paint Colors to be determined Install locations to be determined: On -site visit with client 8 sign posts to be installed on the street side on Gulf Shore Dr I accept the above proposal and agree to pay for said work promptly upon completion of same. Authorized Signature: Deposit Amount: CHECK/CC # Date: Quantity @ Price 8 $2,435.00 $19,480.00 Terms and Conditions: Prices on this contract are valid for 30 days. 50% deposit is required to commence and the balance is due upon completion Signing of this document constitutes a legal and binding contract between parties named on this agreement. Customer is responsible for landscape amenities within install area or as required for permitting Goods sold remain the property of seller until paid in full. Customer agrees to provide necessary information to obtain permit, electrical supply to sign or fixture location, and /or provide color and logo information where specified. Customer is responsible for any cap rock, lime rock or unforeseen digging conditions 1.5 % Monthly Late Fee applied to all past due invoices Warranties: Workmanship: All signs or fixtures fabricated and installed by Lykins Signtek and its affiliates are warranted against defects in material and workmanship for one year, parts and labor. Page I of 2 Packet Page -1146- 4/10/2012 Item 16.D.2. 2) *NOTE: ALL PERMITTING AND ENGINEERING COSTS TO 1 $0.00 $0.00 BE ADDED AT LATER DATE. THESE COSTS CANNOT BE DETERMINED AT THIS TIME * *NOTE : 50% Material draw required I accept the above proposal and agree to pay for said work promptly upon completion of same. Authorized Signature: Deposit Amount: CHECK/CC # Terms and Conditions: Prices on this contract are valid for 30 days. Date: Sub Total: $19,480.00 Sales Tax: $0.00 Total: $19,480.00 50% deposit is required to commence and the balance is due upon completion Signing of this document constitutes a legal and binding contract between parties named on this agreement. Customer is responsible for landscape amenities within install area or as required for permitting Goods sold remain the property of seller until paid in full. Customer agrees to provide necessary information to obtain permit, electrical supply to sign or fixture location, and/or provide color and logo information where specified. Customer is responsible for any cap rock, lime rock or unforeseen digging conditions 1.5 % Monthly Late Fee applied to all past due invoices Warranties: Workmanship: All signs or fixtures fabricated and installed by Lykins Signtek and its affiliates are warranted against defects in material and workmanship for one year, parts and labor. Page 2 of 2 Packet Page -1147- 4/10/2012 Item 16.D.2. Attention: int f e rryma n Sales p erson: Sharon Johnson P�E:Z3q- "4 - %4°t4 GA-,C: 23q-S 14-So4? LSO FINIAL 4" DIAMETER SMOOTH ROUND STREET POST INSTALLED AT THE MINIMUM ALLOWABLE PER CODE. LSQ B4 BASE (X16) 30 "H X 26 "W X .090 ALUMINUM SIGN FACES WITH ALMOND VINYL COPY AND COLLIER COUNTY LOGO 2 SIGN FACES BACK TO BACK FOR DOUBLE SIDED SIGNS ALL WELDED CONSTRUCTION WITH 4 ARM BRACKETS WITH BOLTED CLAMPS ON ARMS SIGN FACES AND POSTS PAINTED HUNTER GREEN t�Please consider the environment before printing this prop: :unomer C ^ {n* w PROOF lint Perryman Slgntek Collier County Government �.�,M„R� — FO Box 413016 01Y Naples, FL 34116 — 304 -4245 `" 252 -6531 O.K. A5 IS ADOT PROOF X2 / EACH 41096 DA.: 30 Nov 2011 O" ,D— 29 Nov 2011 D.— : Listed Above E read through your proof carefully. This is a rendering of how your signs will appear, a 10% variance in size and color is possible, speak with your sales rep if exact specifications are needed. q� �_ ,1 Copyright Lykins - Signtek, Inc. This design is the sole property of Lykins - Signtek If it is used for bidding with other companies - A design fee of $75.00 per hour will be charged. Packet Page -1148-