Backup Documents 01/26/2016 Item #16D10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLTR§
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO U 1 0
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting. ( i
**NEW** ROUTING SLIP k� izj
Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office .\ / t
�(( '\210\kL
4. BCC Office Board of County Commissioners 1:1f"�
\� \�
5. Minutes and Records Clerk of Court's Office ' �J 1' Z c�
PRIMARY CONTACT INFORMATION "
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,may need to contact staff for additional or missing information.
Name of Primary Staff Harry Sells,Project Manager/Tessie Sillery Operations Phone Number 252-4980 or 252-5840
Contact/ Department Coordinator
PTNE Division(old ATM D )
Agenda Date Item was /.a�_'� -fir Agenda Item Number
Approved by the BCC • , '\eD
Type of Document Attached Landscape Maintenance Agreement Number of Original (2)
(RR MSTU & Berkshire) Documents Attached
PO number or account
number if document is to be 158-162522
recorded
Special instructions: return(1)copy to Harry Sells, PTNE dept. &(1)original Fed Ex(acct# FED EX:
fy 15/16 - PO # 4500162387
to:Tricia Hardt-Senior Paralegal ,One Independent Drive Suite 114,Jacksonville, FL 32202
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. Does the document require the chairman's original signature? if
2. Does the document need to be sent to another agency for additional signatures? If yes, /[
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. ,#4C Nr
3. 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 Of
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's it
Office and all other parties except the BCC Chairman and the Clerk to the Board try
5. 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. #rf
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. (f J(
Some documents are time sensitive and require forwarding to Tallahassee within a certain r/��/
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 1/26/2016 and all changes made during
the meeting have been incorporated in the attached document. The County #Y5
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by t ��
BCC,all changes directed by the BCC have been made, and the document is ready r t
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,R 'sed 2.24.05;Revi•-d 11/30/12
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County Of Collier
CLERK OF THE CICUtT COURT
COLLIER COUNTY CQIJRTHOUSE
3315 TAMIAMI TRL E STE 102 Dwight E. Brock-Clerlc5�'pf Circuit Court
P.O. BOX 413044
NAPLES,FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditor • Custodian of County Funds
February 3, 2016
Attn: Tricia Hardt, Senior Paralegal
One Independent Drive
Suite 114
Jacksonville, Florida 32202
Re: Landscape Maintenance Agreement between Collier County for
Radio RoadMunicipal Service Taxing Unit (MSTU)
Transmitted herewith is one (1) certified original agreement as referenced above
for your records per request, as adopted by the Collier County Board of County
Commissioners of Collier County, Florida on Tuesday, January 26, 2016, during
Regular Session.
Very truly yours,
DWIGHT E. BROCK, CLERK
R ;►
Martha Vergara, Deputy I le WV
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com
1
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LANDSCAPE MAINTENANCE AGREEMENT
THIS LANDSCAPING MAINTENANCE AGREEMENT (this "Agreement") is made
thisday of alinuo.w\ , 2016, by and between Radio Road Municipal Service Taxing
Unit ("MSTU") as governed by the Board of County Commissioners, Collier County, Florida
(the "County"), having and address of 3329 Tamiami Trail East, Suite 300, Naples, Florida
34112 and REG8 Berkshire Commons, LLC, a Delaware limited liability company ("Berkshire
Commons"), having an address of c/o Regency Centers Corporation, 4041 Park Oaks Blvd,
Suite 110, Tampa, Florida 33610.
RECITALS
WHEREAS, MSTU was created and established by Collier County Ordinance No. 96-84,
as subsequently amended by Collier County Ordinance 2002-59, for the purposed of beautifying
and maintaining certain median strips of streets and other public areas located within Collier
County, Florida;
WHEREAS, Berkshire Commons is the fee owner of that certain property located at 7151
Radio Road, Naples, Florida, as more particularly described on Exhibit A attached hereto and
made a part hereof (the "Property") and commonly known as Berkshire Commons Shopping
Center;
WHEREAS, MSTU presently maintains the landscaping on the south and east side of
Devonshire Boulevard located adjacent to the Property(the Buffer Area"); and
WHEREAS, the parties desire to establish certain agreements between the parties with
respect to the maintenance of certain improvement, including but not limited to landscaping (the
"Landscaping") and a buffer hedge (the "Hedge") located within the Buffer Area.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. Recitals. The above recitals are hereby confirmed as true and correct and reaffirmed
herein.
INSTR 5222069 OR 5237 PG 24
1 RECORDED 1/28/2016 8:07 AM PAGES 6
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$52.50 INDX$1.00
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2. MSTU Contingencies. At MSTU's sole cost and expense, MSTU agrees to perform
the following:
(i) Plant new hedges to fill in existing gaps within the Hedge, of similar type
vegetation of appropriate size.
(ii) Repair the existing drip irrigation system for the Landscaping and the Fledge
and reconnect the system to Berkshire Commons' irrigation system. The work
described in subsection (i) and (ii) above is hereinafter collectively referred to as
the "Work". Any destruction or damage to Berkshire Commons' irrigation
system in performing the Work shall be immediately repaired by MSTU at its sole
cost and expense.
(iii) Upon completion of the Work, and for a period not to exceed six (6) months
following the completion of the Work, MSTU agrees to make any and all repairs
necessary to insure the Work has been completed correctly and to the satisfaction
of Berkshire Commons.
3. Maintenance. Upon completion of the Work, Berkshire Commons shall be
responsible for maintaining the Landscaping and the Fledge located within the Buffer
Area at its sole cost and expense.
4. Indemnification. Berkshire Commons, or its successors and assigns as owner of the
Property, (the "Indemnitor") shall indemnify and save harmless MSTU and/or the
County, including all employees of the County (collectively, the "Indemnitee"), from
any loss or damages Indemnitee may suffer as a result of claims, suits, demands,
damages, losses, fines, penalties, interest, expenses, costs, or judgments, including
attorneys' fees and costs of litigation, against the County arising out of Indemnitor's
maintenance .of the Landscaping and the Hedge pursuant to this Agreement.
Indemnitee agrees to give Indemnitor written notice of any claims filed against the
County in connection with this Agreement, within thirty (30) days of the date that
County is aware 'of such claim. The Indemnitee shall not undertake to settle any
lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder
2
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without the prior consent of Indemnitor, such consent to not be unreasonably
withheld.
5. Recording. This Agreement may be recorded by the County in the Official Records
of Collier County, Florida. MSTU shall pay all costs for recording this Agreement. A
copy of the recorded Agreement will be provided to the Berkshire Commons by
MSTU.
6. Entire Agreement. This Agreement is the entire agreement between the parties, and
supersedes all previous oral and written representations, agreements and
understandings between the parties. This Agreement shall be governed by the laws of
the State of Florida, and may not be altered rescinded or amended in any way, except
by a written agreement signed by both parties and duly recorded. This Agreement
shall be binding upon and inure to the benefit of the parties hereto, and their
respective successors and assigns.
[THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY]
3
16010
IN WITNESS WHEREOF the parties have caused these presents to be executed on the day and
year first above written.
MSTU:
Dated �V,.....,':). :-5510��p'�� tp
���,
Board of County Commissioners,
Collier County Florida
1
D C htEBro kCleik
BY %A >�'.. .....®_a 4,„.......),46-
By Deputy Cle ,- a lNO
/ T: ,.Trrhairman
Attest as to Chairman s
,,
@ONNA FIALA,CHAIRMAN
X9}1 I &PAyto form and Legal sufficiency:
BERKSHIRE COMMONS:
REG8 BERKSHIRE COMMONS, LLC,
a Delaware limited liability company
By: REG8 Member, LLC, a Delaware limited
'
;, . ���fig , liability company, its sole member
By: Regency Centers, L.P.,a Delaware limited
J
partnership, its sole member
4 B : Regency Centers Co o at'o
Jeffrey A. Kia z���w'� 4#4l�1 y Y g Y rp i , a lorida
p tX�tut'tc corporation, its general p. er
By:
Print Name: / 74A Eire/
Title: '�j
Date: ap-//1
STATE OF FLORIDA /
COUNTY OF W!d L5b4`1 lj
The foregoing instrument was acknowledged before me thi1 day of December,2015,by r , 4/
theSA lige - President of Regency Centers Corporation, a Florida corporation, the general partner of
Regency Centers, L.P., a Delaware limited partnership, the sole member of REG8 Member, LLC, a Delaware limited liability
company, t le member of REG8 BERKSHIRE COMMONS, LLC, a Delaware limited liability company, on behalf of the
company He/ e is personally known to me or has produced as identification.
•
/./L I 2i/ .i i
otary P�fup lic,State of Florid w
Name: iW/J4 44,34
My Commission Expires:
My Commission Number is: ,,,,,
[SEAL] ,VI NINA USA HALL
:+; a1,•i :.e MY COMMISSION#FF 925066
r'•'��::ac EXPIRES:November 12,2019
'?,qr..... Bonded Tiro Notary Public Underwriters
4
oR 4472 PG 927 1 60
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EXHIBIT A
Property
A PORTION OF TRACT "F" BERKSHIRE LAKES UNIT ONE AS SHOWN IN PLAT BOOK 14,
PAGES 118 THROUGH 120,LYING IN SECTION 32, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 32,RUN NORTH 89'35'47"
WEST A DISTANCE OF 100.00 FEET; THENCE RUN NORTH 00'07'01 WEST A DISTANCE OF
75.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT F THENCE NORTH 89'35'47"WEST
ALONG THE SOUTHERLY BOUNDARY OF TRACT "F" A DISTANCE OF 483.10 FEET TO THE
POINT OF BEGINNING ALSO BEING THE POINT OF CURVATURE OF A NON-TANGENT
CIRCULAR CURVE CONCAVE TO THE OR w)$* —HAVING A RADIUS OF 40.00 FEET AND
A CENTRAL ANGLE OF 31'11'58"H,A• a fat, [ ' ■ -
i . 1:-Ak FEET AND A CHORD BEARING
OF NORTH 15'43'00 WEST;THEN, 'TVA/ESTE• 4' EI THE ARC OF SAID CURVE A
DISTANCE OF 21.78 FEET TO ' J. :II INT OF TANGENC ,T'$ CE NORTH 00'07'01" WEST
ALONG THE WESTERLY BO • OF ARCEL A DIS .N OF 19.86 FEET; THENCE
NORTH 07'14'59" WEST A ISTt•N -O 40.27 F'E€'; THE CE'NORTH 00'07'01 WEST A
DISTANCE OF 82.73 FEET • - CO'"'I. ., ,! ' +0 D GREES 07'01" WEST A
DISTANCE OF 598.65 FEET( 9 N E 6 39" ' J . DI TANCE OF 168.31 FEET;
THENCE NORTH 00'07'01" WE T • R S ,. C ' 0 91'\7 j :1; WHENCE SOUTH 66'43'00
WEST ALONG THE NORTHE'i s c.' i r • tw • s •CT,UF"A gy .. ANCE OF 233.09 FEET TO
THE POINT OF CURVATURES A CIRCULAR CUR CO CA =` -O THE SOUTHEAST HAA
RADIUS OF 500.00 FEET AN k•*,ENTRAL ANGLE •-'`=6' 8''9 I NCE SOUTHWESTERLY
ALONG THE ARC OF SAID , A DISTANCE • "3" ..° FEET TO THE POINT OF
TANGENCY; THENCE SOUTH J •EGRESS 24'13' ' ' ALONG THE WESTERLY
BOUNDARY OF TRACT"F"A DIS;r: y 6 F 41100-.F a I POINT OF CURVATURE OF
A CIRCULAR CURVE CONCAVE TO '+.1; I RT1 � •VING A RADIUS OF 25,00 FEET
AND A CENTRAL ANGLE OF 90 DEGREE '100; ENCS SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE A DISTANCE OF 39.27 FEET TO THE POINT OF TANGENCY;THENCE
SOUTH 89 DEGREES 35'47 EAST ALONG THE SOUTH BOUNDARY OF TRACT "F" A
DISTANCE OF 320.73 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CIRCULAR
CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 40.00 FEET AND A CENTRAL
ANGLE OF 31 DEGREES 08'52"HAVING A CHORD OF 21.48 FEET AND A CHORD BEARING
OF NORTH 15'4127"WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
A DISTANCE OF 21.75 FEET TO THE POINT OF TANGENCY; THENCE NORTH 00 DEGREES
07'01 WEST ALONG THE WESTERLY BOUNDARY OF PARCEL "A" A DISTANCE OF 76.14
FEET; THENCE NORTH 08'00'25 EAST A DISTANCE OF 65.27 FEET TO THE POINT OF
CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS
OF 10.00 FEET AND A CENTRAL ANGLE OF 81 DEGREES 52'34"; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE A DISTANCE OF 14.29 FEET TO THE POINT OF '
TANGENCY; THENCE NORTH 89 DEGREES 52'59 EAST ALONG THE NORTHERLY
BOUNDARY OF PARCEL "A" A DISTANCE OF 27336 FEET TO THE POINT OF CURVATURE
OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 10.00 FEET
AND A CENTRAL ANGLE OF 90 DEGREES 00'00"; THENCE SOUTHEASTERLY ALONG THE.
ARC OF SAID CURVE A DISTANCE OF 15.71 FEET TO THE POINT OF TANGENCY; THENCE
SOUTH 00 DEGREES 07'01" EAST ALONG THE EASTERLY BOUNDARY OF PARCEL "A" A
DISTANCE OF 82.73 FEET; THENCE SOUTH 07'00'57" WEST A DISTANCE OF 40.27 FEET;
THENCE SOUTH 00 DEGREES 07'01" EAST A.DISTANCE OF 18.64 FEET TO THE POINT OF
JACK_1568361.1
*** OR 4472 PG 928 *** 1 0
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CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS
OF 40.00 FEET AND A CENTRAL ANGLE OF 32 DEGREES 11'20";THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE A DISTANCE OF 22.47 FEET TO A POINT OF NON-
TANGENCY; THENCE SOUTH 89'35'47" EAST ALONG THE SOUTHERLY BOUNDARY OF
TRACT"F"A DISTANCE OF 69.93 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH A NON-EXCLUSIVE ACCESS AND PARKING EASEMENT OVER THAT
PROPERTY GENERALLY REFERRED TO AS PHASE 2 OF THE BERKSHIRE COMMONS
SHOPPING CENTER,AS SET FORTH IN THAT CERTAIN EASEMENT RECORDED IN OFFICIAL
RECORDS BOOK 1665, PAGE 460, TOGETHER WITH FIRST AMENDMENT WITH FIRST
AMENDMENT THERETO RECORDED IN OFFICIAL RECORDS BOOK 3680,PAGE 2573,OF THE
PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.
.00?,..
OST
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JACK 1568361.1
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
Landscape Maintenance Agreement between
Radio Road Municipal Service Taxing Unit and the BCC
Agenda Item #16D10 from the
BCC Meeting on January 26, 2016
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd day of
February, 2016 .
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board..of'•
County Commissioners
C
40,
By: Martha Vergarr,
Deputy Clerk