Agenda 11/13/2012 Item #16J711/13/2012 Item 16.J.7.
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 Summit Place 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 Board's Agenda at the request of
the Sheriff's Office.
CONSIDERATIONS: The Summit Place Community 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 Summit Place subdivision. Representatives of the Sheriffs Office have
affirmed that traffic control of the Summit Place 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 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 legally sufficient for Board action and
requires a majority vote of the Board. - JBW
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
Summit Place subdivision.
Prepared by: Jennifer B. White, Assistant County Attorney
Michael J. Hedberg, Esquire, Captain of Legal Services
Collier County Sheriffs Office
Attachment: Agreement
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11/13/2012 Item 16.J.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.J.7.
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 Summit Place Subdivision.
Meeting Date: 11/13/2012
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
10/29/2012 4:33:26 PM
Submitted by
Title: Assistant County Attorney,County Attorney
Name: WhiteJennifer
10/29/2012 4:33:28 PM
Approved By
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 10/30/2012 2:55:11 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/31/2012 8:32:53 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 11/1/2012 9:22:27 AM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 11/2/2012 9:32:47 AM
Packet Page -2851-
11/13/2012 Item 16.J.7.
AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC
CONTROL JURISDICTION OVER ROADS WITHIN THE SUBDIVISION OF
Summit Place Community Association, Inc.
THIS AGREEMENT is made and entered into this day of
.20 , by and among the following three
parties Summit Place Community Association, Inc., 14955 Summit Place Circle,
Naples, FL 34119 (hereafter the "Property Owners Association'; the Collier
County Sheriff's Office, 3219 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 Summit Place Community
Association, Inc., (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 October 20, 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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11/13/2012 Item 16.J.7.
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
F4
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11/13/2012 Item 16.J.7.
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 Properly 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
Packet Page -2854-
on
11/13/2012 Item 16.J.7.
IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and
the County have executed this agreement.
WITNESSES:
'I pt-�-
Signature of First Witness.
L)
Print Name of First Witness
Signature of Second Witness
Print Name of Second Witness
WITNESSES:
j
SignaiA of fir itness
S E
Print Name 6f First Witness
Signature of Second Witness
Print Name of Second ditness
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
Approved as to form and
legal sufficiency:
Jennifer B. White VD
Assistant County Attorney
Summit Place Community Association, Inc.
;'Z icNAlLD Sloge6g, \hr- President
ZULMM MARIBOM
NoTARY'PUBL-IG '
STATE OF FLORIDA �- -!D - 012,
Camp C7DB57605
E*M 212120i4
COLLIER COUNTY SHERIFF'S OFFICE
SK, Sheriff
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
a
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2-
Packet Page -2855-
Chairman
summit place
In Naples
Summit Place Community Association
C/o KW Property Management
3358 Woods Edge Circle #102
Bonita Springs, FL 34134
Exhibit `All
Date: October 20, 2011
To Whom it May Concern:
11/13/2012 Item 16.J.7.
Summit Place Community Association Inc, a Home Owners Association located at 14955
Summit Place Circle off of 951 in Naples, is formally requesting that Collier County
Sherriff's Office be allowed to enforce the traffic laws of the State of Florida and Collier
County while inside the community.
We ask that this be put into effect as soon as possible to help promote safety on the roads
of our community.
Please do not hesitate to contact our Management Office (contact above) with any
questions or concerns.
Sincerely,
x d�
Richard Stomber
Director
Summit Place Community Association Inc.
Packet Page -2856-
11/13/2012 Item 16.J.7.
Szmeaa
Consulting Group
October 18, 2012
E
Summit Place Homeowner's Association
c/o Ms. Lee Gouny
KW Property Management & Consultinq
3358 Woods Edge Circle, Suite 102
Bonita Springs, FL 34134
Re: Summit Place Traffic Signs
Dear Ms. Gouny:
Based on my site visits and inspection on June 13, 2012 and July 5, 2012, 1 hereby
certify that the traffic signs within the Summit Place community are installed as
shown on Sheet 17 of 19 of the Summit Place Final Subdivision Plans and sheet 19
Of 24 of tho approved construct.on plan$, as prepared by PIA A Consultlny
Engineers.
Sincerely,
Omega Consulting Group, LLC
John R. Musser, P.E.
Principal
FL License #31285
5620 Sonnen Court • Fort Myers, Florida 33919
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Detail by Entity Name
Florida Non Profit Coraoration
SUMMIT PLACE COMMUNITY ASSOCIATION, INC.
Filing Information
Document Number N03000000881
FEUEIN Number 562314426
Date Filed 02/03/2003
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 07/27/2009
Event Effective Date NONE
Principal Address
14955 SUMMIT PLACE CIRCLE
NAPLES FL 34119
Changed 04 /13/2010
Mailing Address
3358 WOODS EDGE CIRCLE, SUITE 102
BONITA SPRINGS FL 34134
Changed 04 /1312010
Registered Agent Name & Address
GOEDE, JOHN C ESQ.
% LAW OFFICE OF JOHNN C. GOEDE, P.A.
8950 FONTANA DEL SOL WAY, 1 ST FLOOR
NAPLES FL 34109 US
Name Changed: 07/27/2009
Address Changed: 09/13/2011
Officer /Director Detail
Name & Address
Title V
STOMBER, RICHARD
3358 WOODS EDGE CIRCLE SUITE 102
BONITA SPRINGS FL 34134
Title P
MORRIS, CHARLIE
3358 WOODS EDGE CIRCLE SUITE 102
11/13/2012 Item 16.J.7.
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BONITA SPRINGS FL 34134
Title ST
PERSUAD, MELISSA
3358 WOODS EDGE CIRCLE SUITE 102
BONITA SPRINGS FL 34134
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