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Backup Documents 09/25-26/2012 Item #13A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 3 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#6). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Ian Mitchell, Executive Manager Board of County Commissioners 9"/.Z7 1 to the BCC /Z 5. Minutes and Records Clerk of Court's Office i(if 6. E-mail executed doc. to Kay Nell kaynell @colliergov.net T if PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell Phone Number X8403 Contact Agenda Date Item was September 25,2012 Agenda Item Number 13A Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, resolutions,etc. signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. Is the Chairman's original signature required? 3. All handwritten strike-throughs and revisions have been initialed by the County Attorney's /— Office and all other parties except the BCC Chairman and the Clerk to the Board. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date,whichever is applicable. 5. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's , signature and initials are required. l 1' 6. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 7. The document was approved by the BCC on 9/25/12 (enter date)and all changes made during the meeting have been incorporated in the attached document.The County Attorney's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip,Revised 6-15-2011 13A " - AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE SUBDIVISION OF VALENCIA LAKES AT ORANGETREE HOMEOWNERS'ASSOCIATION,INC. THIS AGREEMENT is made and entered into this 2 5 bk day of S e( 1a.sz. , 2012 by and among the following three parties: Valencia Lakes at Orangetree Homeowners' Association, Inc. (hereafter the"Property Owners Association"); the Collier County Sheriff's Office,3 219 fast Tamiami Trail, Building 3, Naples, Florida 34112; and the Board of County Commissioners of Collier County, Florida,3 2 9 9 East Tamiami Trail, Building F, Naples, Florida 34112. WHEREAS, all roads within the subdivision Valencia Lakes at Orangetree, (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 22, 2011, attached hereto as Exhibit "A," requesting that the Collier County Sheriffs 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 13A1 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 / 3 A 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. 13A IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and the County have executed this agreement VALENCIA LAKES AT ORANGRETREE HOMEOWNERS'ASSOCIATION, INC. WITNESSES: By: — Signature of First Witness 3;aci o rcti , President ,10 cS -. end Print Name • F fitness " ignature of Second Witness MeAan1 5\KorsKt Print Name of Second Witness WITNESSES: COLLIER COUNTY SHERIFF'S OFFICE v _l Signature of First l`p ess By: IT77i 41r, Sheriff kin S, C-1'1 R 11 Print Name'of First Witness it'ed J/ cie4/2* Approved for legal 9 Si nature of Second With form and s i ciency. De//-6_4 FV.t2kKk Print Name of Second Witess arlviaat ATTEST: `° BOARD OF COUNTY COMMISSIONERS DWIGHT E. Mit:tett Clerk COLLIER COUNTY, FLORIDA R., is.to Clerk FRED W. COYLE , Chairman 'tO Chei p' IIga ifUle,i,to form an. egal sufficiency: Assistant County Attorney 13A ' tt\/1S1ON Exhibit A ASSOCIATION MANAGEMENT 11691 Gateway Boulevard, Suite 203 Fort Myers, Florida 33913 Ph. 239-561-1444 Fax 239-561-5770 www.visionassociationmanagement.com July 22,2011 TO: Collier County Sheriffs Office • FROM: Valencia Lakes at Orangetree HOA - 2700 Orange Grove Trail Naples,FL 34120 • by its Property Manager—Vision Association Management 11691 Gateway Blvd. #203 Fort Myers,FL 33913 Please patrol all roadways within the Valencia Lakes at Orangetree HOA subdivision and exercise jurisdiction over these private roads by enforcement of state and county traffic laws. • Thank you. 544 dr"nri'vv Skip Lazzaro,CAM Vision Association Management • Frank"Skip"Lazzaro,CAM 7 VISION ASSOCIATION • MANAGEMENT 11691 Gateway Blvd,Suite 203 P(239)561-1444, Fort Myers,Florida 33913 C(239)887-1619 skip(@ visiongolfrnanagemenr.com F(239)561-5770 www.visionauociation management.coat Relationships- Service—Success 13A WiI$nMi!Ier Stantec 3200 Bailey Lane,Suite 200 Naples,FL 34105 Tel:(239)649-4040 11 f Exhibit_ August 31,2011 Sheriff Kevin J. Rambosk Collier County Sheriff's Office 3301 East Tamiami Trail, Building J • Naples, Florida 34112 Subject Valencia Lakes Traffic Control Compliance Engineer's Certification(Exhibit B) Dear Sheriff Rambosk: Pursuant to the requirements of the'Agreement Approving and Providing for County Traffic Control Jurisdiction Over Roads'within the Subdivision of Valencia Lakes,please accept this letter as confirmation that, based upon our site observation and to the best of our knowledge and belief,the signage and striping within the subject Project has been completed in substantial accordance with the Collier County approved construction plans and FOOT signage and striping standards, as applicable. I trust that this information is sufficient for your use. If you have any questions or need additional information, please feel free to contact me. Sincerely, • Stantec • David J. Hurst, PE, LEED AP Senior Project Manager C: Skip Lazzaro,Vision Assoc.Management Chad McKimm,PE Stantec RECEIVED SEP 0 2 2011 RECEPTI0I51. V:12156\activel2156104091shared lcorrespondencelECOR LTR Valencia_Lakes to Sheriff Kevin_Rambosk_re AgreementAppr oving_County_Traffic Control REV_02.docc __ 13A itt m 40. • il r, Exhibit L Wit. ,` ' a L, y�"r „• .r.,� �:- i � ./: � "<: \ f x , • ,�" - i` ar`S� ,'/ ,1 y--,, ,11910 4 �� - a a • 1, K u. r n034 f J� 23 3w_ -I • s 6_ r= . ! °y = 1 �?I stud• � '� ��t k max• '1-; • 9 Mk 1 . . j � 'a ' 7 ` k w � t r �t sri� fix.. Apt i�V 7t v 71# 6G y i• YE 4 S � , Y CC 133 A VALENCIA LAKES AT ORANGETREE HOMEOWNERS'ASSOCIATION,INC. UNANIMOUS WRITTEN CONSENT AND RESOLUTIONS OF THE BOARD OF DIRECTORS The undersigned, being all of the current directors of Valencia Lakes at Orangetree Homeowners' Association, Inc. ("Association") hereby adopt the resolutions set forth below,to wit: 1. RESOLVED,that Ed Suchora is currently and was the duly elected President of the Association when he executed the Agreement Approving and Providing For County Traffic Control Jurisdiction Over Roads Within the Subdivision of Valencia Lakes at Orangetree Homeowners Association, Inc., a copy of which is attached hereto as Exhibit "A" (the "Agreement"); and 2. RESOLVED, that the Board ratifies Ed Suchora's execution of the Agreement; and 3. RESOLVED, that the Board hereby ratifies the action of Skip Lazzaro, CAM, Vision Association Management when he signed the letter dated July 22, 2001 addressed to the Collier County Sheriff's Office, a copy of which is attached to the Agreement as Exhibit"A". Ed Suchora,Director Date: /./ 2- Rob June, Director Date: 4' Y f Z" Michael Buchman,Director Date: 6251017 'A if Exhibit 13A AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE SUBDIVISION OF VALENCIA LAKES AT ORANGETREE HOMEOWNERS'ASSOCIATION, INC. THIS AGREEMENT is made and entered into this day of 2012 by and among the following three parties: Valencia Lakes at Orangetree Homeowners' Association, Inc. (hereafter the"Property Owners Association"); the Collier County Sheriff's Office,3 21.9,fast Tamiami Trail, Building J, Naples, Florida 34112; and the Board of County Commissioners of Collier County, Florida,3 2 9 9 East Tamiami Trail, Building F, Naples, Florida 34112. WHEREAS, all roads within the subdivision Valencia Lakes at Orangetree, (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 22, 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 13A n 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 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 13Ar 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), Horida 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. 13A IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and the County have executed this agreement VALENCIA LAKES AT ORANGRETREE HOMEOWNERS'ASSOCIATION, INC. WITNESSES: --14 1-1111111 By: Signature of First Witness c5Lkato rU- , President -14oc c visor, en e_ Print Name • A fitness Ii 4%; T, ignature of Second Witness Print Name of Second Witness WITNESSES: COLLIER COUNTY SHERIFF'S OFFICE 1L1./ Signature of First • ess By: im27, Sheriff VI-Untm -S, R✓A\ Print Name of First Witness I4 o ` Approved for legal Signature of Second Witne .• form and s i'ciency. DebDa_Art112zikk /� ....jt..i/` Print Name of Second Wift ess G, ,,, ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk , Chairman Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney 13A "�1, \/lslON Exhibit ASSOCIATION MANAGEMENT 11691 Gateway Boulevard, Suite 203 Fort Myers, Florida 33913 Ph. 239-561-1444 Fax 239-561-5770 www.visionassociationrnanagement.com July 22,2011 TO: Collier County Sheriff's Office FROM: Valencia Lakes at Orangetree HOA 2700 Orange Grove Trail Naples, FL 34120 by its Property Manager—Vision Association Management 11691 Gateway Blvd.#203 Fort Myers,FL 33913 Please patrol all roadways within the Valencia Lakes at Orangetree HOA subdivision and exercise jurisdiction over these private roads by enforcement of state and county traffic laws. • Thank you. 9r:Inrev Skip Lazzaro,CAM Vision Association Management Frank"Skip"Lazzaro,CAM VISION ASSOCIATION . MANAGEMENT 11691 Gateway Blvd,Suite 203 P(239)561-1444 Fort Myers,Florida 33913 C(239)887-1619 skiptavisiongolfrnanagement.corn F(239)561-5770 j w wzu.visionaasociatinn muauagement.cnm Relationships Service—Success I 13Arrl WiIsOnMi!Ier 0 Stantec 3200 Bailey Lane,Suite 200 Naples,FL 34105 () Tel:(239)649-4040 11 e Exhibit August 31,2011 Sheriff Kevin J. Rambosk Collier County Sheriff's Office 3301 East Tamiami Trail, Building J • Naples, Florida 34112 Subject Valencia Lakes Traffic Control Compliance Engineer's Certification(Exhibit B) Dear Sheriff Rambosk: . Pursuant to the requirements of the"Agreement Approving and Providing for County Traffic Control Jurisdiction Over Roads'within the Subdivision of Valencia Lakes,please accept this letter as confirmation that, based upon our site observation and to the best of our knowledge and belief,the signage and striping within the subject Project has been completed in substantial accordance with the Collier County approved construction plans and FDOT signage and striping standards, as applicable. " I trust that this information is sufficient for your use_ If you have any questions or need additional information, please feel free to contact me. Sincerely, • Stantec • -1-"111111111L, David J. Hurst, PE, LEED AP Senior Project Manager • C: Skip I anaro,Vision Assoc.Management Chad McKimm,PE Stantec Rr����lED SEP 02 2011 RECEPTIONIST V:\21561activel2156104091sharedlcorrespondence1EC©RLTR Valencia_Lakes to Sheriff Kevin_Rambosk_re Agreement Appr oving_County_Traf ic_Contrel REV_02.docx 13A ' ii a r' Exhibit : ., i , ,, ,,,,.., . ,, \ - *VI / / ilillar ar r } L , ,.. ,.„,„..,_ ......_._, .., ,,,. .; F',0'.,o'-.7- '",' 4-1'ilt s c. .T , . _ 1 9�i ti.ey r M � j4.� �' ti ..t .�., ti• 3 ti r rte OPT r ., s-�w� r �� \� f _ � 9 DESO' ' :. . ,,,' ' Yid 1 ;y a "); 1 �� ., 15211.ah"� �€ F T t. _ - .1?.�'t a• 4 -' . fir • I .v r:A.^ r el .f yw� .rte r. * 4 F T > v i r r c' we • F AS ti s r 1 F 4` 4 1�1. '�, �,• a��` ' r - Y, --4"--' y; � ; iyf1K 1Y ,,t„,. r af•: i J I 14 ; L VW Sri +d -4 „,, '' -� .., ,�i q gip . a t , ,r, ,›..,_ its r Illt i,,. , „,_ , 401 . 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