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Agenda 12/13/2011 Item #16J112/13/2011 Item 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 Ibis Cove 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 Sheriff's Office. CONSIDERATIONS: The Ibis Cove Master Property Owners Association, Inc. (hereinafter Master Association), and the Collier County Sheriff's Office have negotiated the attached Agreement. The Sheriff's Office will assume traffic control jurisdiction over private roads within the Ibis Cove Subdivision. Representatives of the Sheriff's Office have affirmed that traffic control of the Ibis Cove 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 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 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 Sheriff's Office to have Traffic Control Jurisdiction over Private Roads within the Ibis Cove Subdivision. Prepared by: Colleen M. Greene, Assistant County Attorney Michael J. Hedberg, Esquire, Captain of Legal Services Collier County Sheriffs Office Attachment: Agreement Packet Page -3584- 12/13/2011 Item 16.J.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.J.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 Ibis Cove Subdivision. Meeting Date: 12/13/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 11/3/2011 11:11:54 AM Approved By Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 11/18/2011 3:20:36 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/18/20114:24:31 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 11/21/2011 8:57:07 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/21/2011 11:41:25 AM Packet Page -3585- 12/13/2011 Item 16.J.1. AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE SUBDIVISION OF 10 IBIS COVE MASTER PROPERTY OWNERS ASSOCIATION, INC. THIS AGREEMENT is made and entered into this day of , 2011, by and among the following three parties: This Cove Master POA, Inc., 8120 Logan Way, Naples, Florida, 34119 (hereafter the "Property Owners Association);" the Collier County Sheriff's Office, 3301 East Tamiami Trail, Building ], 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 Ibis Cove Master POA, 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 11. 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 Packet Page -3586- 12/13/2011 Item 16.J.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'J; 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 Packet Page -3587- 12/13/2011 Item 16.J.1. 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 Packet Page -3588- 12/13/2011 Item 16.J.1. IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and the County have executed this agreement. WITNESSES: §1"g—nature o First' /Witness Print Name of First Witness i n —ature of SeconLdW i t n e s J/(/ :1 / ✓c Print Name of Second Wit Bess WITNESSES: Signature of First fitness )n/ s- C14�k-L- Print Name of First Witness Signature of Second Witness 2". ,r-e.1,. r Ve r W Print Name of Second Witness ved as to form & legal sufficiency W-76;1-19en Greene, Assistant County Attorney IBIS COVE MASTER POA, INC. � � 3�Lav- , By: . Dr. Sue Stewart- Britzius, President Date: Jt"� COLLIER COUNTY SHERIFF'S OFFICE By: ajgc-:� Sheriff Date: el — f� ."ll BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROMOM 4 Packet Page -3589- By. A 12/13/2011 Item 16.J.1. July 11, 2011 OH Z P-T -7 Collier County Sheriffs Department Commander Bill McDonald, Patrol Division 3301 Tamiami Trail East Naples, Florida 34112 Dear Commander McDonald: The Ibis Cove Master Property Owners' Association, Inc. of Naples, Florida is requesting the Collier County Sheriff's Department's Patrol Division enforce the traffic laws of the State and County on the association's private roadways. The street signage located in Ibis Cove has been certified by Gina R. Green, Professional Engineer per the attached letter of verification. Please advise should you require additional information in this regard. Thank you for your assistance in this matter. Sincerely, . �� a-a4L WLi—&,t- c!x Dr. Sue Stewart- Britzius, President Per The Board of Directors Ibis Cove Master POA, Inc. Cc: Ibis Cove Master POA, Inc. Board of Directors This Cove Master POA, Inc. 8120 Logan Way, Naples, Florida 34119 Phone. 239 - 348 -7340 Fax 239 - 348 -737 www.ibiscovenaples.com Packet Page -3590- 12/13/2011 Item 16.J.1. b F -Ut I I << May 23, 2011 Collier County Sheriffs Office Naples, Florida RE: Ibis Cove Subdivision Street Sign Compliance Letter To Whom it May Concern: I hereby certify that the street signs looted m the Ibis Cove subdivision looted on the south side of Immolmlee Road were in- stalled in accordance and consistent with the approved subdivision plans based upon a field inspection performed by myself on May 11, 2011. Please call me if you have any questions or need additional information raorEssloxst CIVIL ENGINEER Sincerely, Q J Gina R. Green, P.E. Florida reg. 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Filing Information Document Number N000000D6450 FEUEIN Number 593677739 Date Filed 09/2512000 State FL Status ACTIVE Principal Address 8120 LOGAN WAY NAPLES FL 34119 Changed 05/06/2008 Mailing Address 8120 LOGAN WAY NAPLES FL 34119 Changed 05/06/2008 Registered Agent Name & Address HOULDSWORTH, SANDY MGR 8120 LOGAN WAY NAPLES FL 34119 US Name Changed: 03/19/2010 Address Changed: 0510612008 Officer /Director Detail Name & Address Title P STEWART- BRITZIUS, SUE DR 8152 TAUREN COURT NAPLES FL 34119 Title VP SYLVESTER,FRANK 8459 IBIS COVE CIRCLE NAPLES FL 34119 Title T FRIEL, JIM 8204 IBIS COVE CIRCLE NAPLES FL 34119 Title S HINTENTHUER, EMIL 8172 IBIS COVE CIRCLE NAPLES FL 34119 Title D MURPHY, TOM 8687 IBIS COVE CIRCLE 12/13/2011 Item 16.J.1. Forms Help Entity Name Search ..... ......... ........ ...._....... Submit hq: / /www.sunbiz.org /scripts/cordet.exe? packet Page -3593- L-doc_ number= N00000006... 10/24/2011 www.sunbiz.org - Department of State NAPLES FL 34119 Annual Reports Report Year Filed Date 2009 03/20/2009 2010 03119 /2010 2011 03/24 /2011 Document Images 03 /2412011 — ANNUAL REPORT View image in PDF format 03/19/2010 — ANNUAL REPORT View image in PDF format 03/20/2009 — ANNUAL REPORT View image in PDF format 05/06/2008 — ANNUAL REPORT View image in PDF format 04/2312007 — ANNUAL REPORT f View image in PDF format 04/27/2006 -- ANNUAL REPORT view image in PDF format 04/27 /2005 — ANNUAL REPORT View image in PDF format 04/25/2004 — ANNUAL REPORT View image in PDF format 01/15/2003 — ANNUAL REPORT View image in PDF format 02/0512002 — ANNUAL REPORT View image in PDF format 01/26/2001 —ANNUAL REPORT View image in PDF format 09/25/2000 -- Domestic Non -Profit View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List No Events No Name History I Home I Contact us I Document Searches I E- Fllinq Services I Forms I Heip I Cooyrlq 1:0, and Privacy Policies State. of Florida, Department of State 12/13/2011 Item 16.J.1. Entity Name Search Submit http:// www .sunbiz.org /scripts/cordet.exe ?a packet Page - 3594- _doc_number= N00000006... 10/24/2011