Loading...
Backup Documents 11/10/2009 Item #16J 6 16J6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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. andlor information needed. If the document is already complete with the exceotion of the Chainnan's signature, draw a line through routing lines # 1 through #4, cornnlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) I. 2. 3. II"\,..J I'\-t \-rc...\,{e~\..- Board of County Commissioners ~ I//IOlb~ 4. Minutes and Records Clerk of Court's Office 5. Copies of Fully Executed County Attorney's Office Instrument to: Collier County Sheriffs Office Legal Counsel 6. PRIMARY CONTACT INF'ORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally 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 Bee Chairman's signilture are to be delivered to the Bee office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell. CLA Phone Number Extension 8400 Contact Collier County Attorney's Office Agenda Date Item was November 10,2009 Agenda Item Number ]6J6 Approved by the BCC Type of Document Agreement Number of Original ] Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. I. 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 1T0m 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 ossib] State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or the final ne otiated contract date whichever is a licable, 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require torwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es if a licable. Yes (Initial) cP N/A 12-1 /'" ilL @ I: Formsl County Forms! BCC Fonnsl Original Documents Routing Slip WWS Original 9.0:3.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: November 12,2009 To: Colleen Greene County Attorney's Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Agreement: County Traffic Control Jurisdiction over Roads within The Shores of Berkshire Lakes & The Preserve at the Shores of Berkshire Lakes Enclosed please find a copy referenced above (Agenda Item #16J6), which was approved by the Board of County Commissioners on Tuesday, November 10, 2009. If you have any questions, please call me at 252-8411. Thank you. Enclosures (1) 16J6 MEMORANDUM Date: November 12,2009 To: Kay Nell, CLA County Attorney's Office From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Agreement: County Traffic Control Jurisdiction over Roads within The Shores of Berkshire Lakes & The Preserve at the Shores of Berkshire Lakes Attached please find one copy of the documents referenced above, (Agenda Items #16J6) adopted by the Board of County Commissioners on Tuesday, November 10, 2009. If you should have any questions, you may contact me at 252-8411. Thank you. Attachments (3) 16J6 MEMORANDUM Date: November 12, 2009 To: Kevin Rambosk, Sheriff Collier County Sheriffs Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Agreement: County Traffic Control Jurisdiction over Roads within The Shores of Berkshire Lakes & The Preserve at the Shores of Berkshire Lakes Attached for your records, please find a copy of the document referenced above, (Agenda Item #16J6) adopted by the Collier County Board of County Commissioners on Tuesday, November 10, 2009. The original recorded Resolution can be found at the Minutes & Records Department and will be kept as part of the Board's permanent record. If you have any questions, please call me at 252-8411. Thank you. Attachment (I) 16J6 16J6 Teresa L. Polaski From: Sent: To: Subject: Nell Kay [KayNell@colliergov.net] Thursday. November 12. 2009 10:39 AM Teresa L. Polaski RE: Berkshire Lakes & Preserve Agreement It does, but the County doesn't pay to have it recorded. The Shores at Berkshire should pay. They should also get a copy of the agreement. Kay Nell, CLA Collier County Attorney's Onice Telephone: (239)252-8400 Fax Number: (239)252-6300 PHEPARED 1\ A\'rICII'ATIO\ OF LI1'](;AIION, RFFLECI'S TilE ME\TAL I:\:IPRESSIONS. LITlGA.'rIO\' STRATEGIES ",'0 I,EGAI. THEORIES OF '1'111: t'dWI~SI(;~Ef) ATTOR'\TY A:\1) IS FXE:vWl FROM !'rBLIC RECOiU)S D1SCLOS{'HE I'l'RSL\I\T TO S 119.071(l)ld), FLA. STAT. THlS MESSACE IS i\TE\DED FOR. nil: REClPILYTO\LY. IF YOI' RFTEIVI'-:!) THlSC()IW"ltl\ICAT10~ 1:'01 ERROH, PLEASE I\OTlFY rUE SE:"JnFR IMMEOIATEL.\'. {:SF <m DISSE'\11\/\T10'i BY ANY l'ERSo;\ OTIIER THAI" THE "TENnED RECIPIENT IS STRICTI,V PR()UIBlTFD, From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Sent: Thursday, November 12, 2009 10:27 AM To: NellKay Subject: Berkshire Lakes & Preserve Agreement Did you say this needed to be recorded? Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (Teresa. Po las ki@collierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 16J6 AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE SUBDIVISION OF THE SHORES AT BERKSHIRE LAKES&. THE PRESERVCE AT THE SHORES AT BERKSHIRE LAKES THIS AGREEMENT is made and entered into this /O~t- day of AI ""tf~ . 20.12!L, by and among the following three parties: The Shores at Berkshire Lakes & The Preserve at The Shores at Berkshire Lakes, 7845 Berkshire Pines Drive, Naples, Florida 34104 (hereafter the "Property Owners Association"); the Collier County Sheriff's Office, 3301 East Tamiami Trail, Building J, 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 The Shores at Berkshire Lakes & The Preserve at The Shores at Berkshire Lakes, (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 April 23, 2008, attached hereto as Exhibit "A-1," and the Preserve at the Shores at Berkshire Lakes and the Shores at Berkshire Lakes Homeowners Associations submitted a combined letter dated September 29, 2009, attached hereto as Exhibit A-2, 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 16J6-' 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 ., 16 i ,. vO 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. ." 16J t IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and the County have executed this agreement. WITNESSES: Print Name of First Witness 1 Signatur of S cond Witness Koc,Q.V'n"'" ~ ~~o.",trb I.u. Print Nam of Second Witness Print Name of First Witness a2..~~_.~ Signature f Sec nd Witness I<~..~ \v>,.....~ MQ.,tr61t..o Print Name of Second Witness I THE SHORES AT BERKSHIRE LAKES BY~ ~;'/ ~ .. , President Date: 9'/;2.. 9'/ ~ 'Y THE PRESERVE AT THE SHORES AT BERKSHIRE LAKES By L~ ' President Date: 9- ) ;- 0.7 4 WITNESSES: Si ature of First Witness 7:.... f3Io~JI1- Print ame, of / AlTESf: DWIGHT E. BROCK, Clerk , . i": r',-, ~~l\.C : . A~~l;W-~_.t~ ~ :.1......'1. Approved as to form and legal sufficiency: CfPj)2e;Jn,~ Colleen M. Greene Assistant County Attorney 16J6 COLLIER COUNTY SHERIFF'S OFFICE By: KEVIN J /h_ _'I ?_t)~ Date: {./ 0"'''' -r BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA / (; - Jfl~. d~_ By: . DONNA FIALA, Chairman 5 R &p I~ !d' / I K:.J I I /1 Property Management 16J6 ~/;;;' ..~7 --f-/0. ...... -.t'.'" April 23, 2008 To Whom It May Concern: We are in favor of police patrolling our Association in an effort to maintain a quiet and peaceful community, along with the reduction of speeders, and gate runners who come in by cutting in front of others, or who do not belong in the Association at all. We would also like to alleviate improper parking on our streets. Sincerely, I . Y ./,;,;)";, c DanBrunney R & P Property Management For: The Board of Directors The Shores at Berkshire Lakes Homeowners Association Cc: File Exhibit A-I 265 Airport Road South. Naples. FL 341 04-3518. (239) 643-3353. FAX (239) 643-5949 W(~IJ Site: www.R-P-PropertyManagernnnLr.om.Email: rpproprqiatt.r1Gt The Shores at Berkshire Lakes 7845 Berkshire Pines Drive Naples, FL 34104 (239) 353-5913 Fax (239) 353-5908 16JE- September 29,2009 Office of County Attorney 3301 East Tamiami Trail Naples, Fl341 12-4902 To Whom It May Concern; Enclosed please fmd the completed application for Open Patrol of The Shores at Berkshire Lakes complex. The Master Association has considered this application carefully and reviewed the process with board members for the Preserve at Berkshire Lakes and both give their full support to this endeavor. If any additional information or material is needed I may be contacted at the HOA Office at 353-5913. We are currently on a limited office hours so it may be necessary to leave a message on our answering service and I will return your call as soon as possible. The Homeowners Association and Preserve Board membership as well as our residents have been diligent in maintaining a safe living environment within our complex. Working cooperatively with law enforcement will only serve to enhance our purpose. Sincerely, (: I1A J E. ct; ~I Preserve Board President --J' , /. /t'-..: ~?- L. Cece HOA Board President Exhibit A-2 jrnb transportation engineering, inc. traffic/transportation engineering & planning 16J6 September 20, 2009 Mr. Dan Brunney The Shores at Naples Property Owners Association 7845 Berkshire Pines Drive Naples, Florida 34104 RE: The Shores at Naples Subdivision (Installation of regulatory traffic control signs) Dear Mr. Brunney: As you are aware, the Shores at Naples Property Owners Association (POA) requested that JMB Transportation Engineering, Inc. (JMB) perform a review of the placement and installation of "STOP" signs and speed limit signs (25 MPH) within their subdivision. JMB's review was limited to only the installation of "STOP" and speed limit signs because it is the PONs intent to have these two regulatory signs enforced by the Collier County Sherriffs Department. Based upon our September 17,2009 field review, JMB determined that the "STOP" and speed limit signs were installed consistent with the guidelines set forth by the Manual on Uniform Traffic Control Devices (MUTCD), dated December 2007 and approved by the Federal Highway Administration. JMB found that the "STOP" and speed limit signs were strategically located and are visible to approaching motorists, and the intent of the regulatory signs is evident to motorists. As it relates to the specific location and installation of the "STOP" and speed limit signs, JMB determined that the Shores at Naples Subdivision is in substantial compliance with the MUTCD. NOTE: JMB Transportation Engineering, Inc. performed a specific review of the placement and installation of "STOP" and speed limit signs and did not review any other design or safety aspects of the subdivision. JMB Transportation Engineering, Inc. accepts no responsibility or liability associated with work performed by others. JMB did not establish the posted speed limit for the Shores. JMB performed a field review on September 17, 2009. Any modifications to the location or installation of signs after that date, will affect JMB 's findings. It will be the responsibility of the Shores' Property Owners Association to maintain all traffic control signs pursuant to the standards set forth by the MUTeD. In the lXl pi .... ..c .... .s:: >< w 761 2[" street nw, naples, florida 34120 phone: 239-919-2767 jrnb future, signs will need to be replaced when warranted due to degradation of their quality as a result of human or environmental causes. Also, the Shores at Naples Property Owners Association will be responsible for ensuring that the signs remain visible to motorists at all times. 16J6 Should you have any questions regarding this matter, feel free to contact me. on Engineering, Inc. sM. Banks, P.E. sident JMB's Seutember 17th Field Review Findinl!:s All "STOP" signs were installed consistent with the MUTCD. "STOP" signs were properly installed at the intersections of: l) Berkshire Pines Road @ Berkshire Pines Drive, 2) Stratford Drive @ Berkshire Pines Drive, 3) Leicester Drive @Berkshire Pines Drive, 4) Meridian Court @Berkshire Pines Drive, 5) Wexford Drive @ Leicester Drive, 6) Haverhill Court @ Berkshire Pines Drive, 7) Meldin Court @ Berkshire Pines Drive, 8) Lourdes Court @ Berkshire Pines Drive, and 9) Woodbrook Circle @ Berkshire Pines Drive All speed limit signs were installed and strategically located consistent with the MUTCD. Speed limit signs were installed at numerous locations throughout the Shores at Naples residential community. The community's posted speed limit of25 MPH for all streets within the subdivision is evident to motorists. 01- zo- 01 es M. Banks, P.E. lorida Registration No. 43860 1 SITE PLAN Exhibit C 16J6 (~) 16 ,,' 6 . .;, Woodland Blvd. ",lld. COT\<SCTe N wtE S ... ~ .. '" Cape Coral Pk~. Colonial Blvd. Page 1:"Field Daniels GOLDEN GATE IIIOLI HOMES SOUTHWEST FLORIDA @ ","'...- O~PORTUHnY CRC034587 7859 Berkshire Pines Dr., Naples, Florida 34104 (239) 348-0050 www.englehomes.com , of 16J6 56 57 58 SiICplaniJprcliminuydc!ign.Pcrimcterpropenic!lrcnotidelltified.Allconl:f!ptS,desil{lls,d theShoresltNaplesascurrentlyproposcdanda5S11charesubjeCl:!Ocha l6J6 .1 '" ~ fl7 Ir~ }2..q dimensions, bndocaping and av:ailability for this si,e plan represem the plan and guidelines for I""t notice at the sole discretion of Engle Homes/Southwest Florida Inc.