Agenda 07/08/2014 Item #16A267/8/2014 16.A.26.
EXECUTIVE SUMMARY
Recommendation to approve a Landscape Maintenance Agreement with the Kings Lake
Homeowners Association which authorizes the County to purchase vegetation to be planted by the
County along the Kings Lake property line that abuts the Road Maintenance facility located at
4800 Davis Boulevard. (Estimated fiscal impact $5,502.50).
OBJECTIVE: To have the Board of County Commissioner (Board) approve a Landscape
Maintenance Agreement (Agreement) with the Kings Lake Homeowners Association (HOA)
which authorizes staff to purchase and plant the agreed upon vegetation along the property line
of the Kings Lake Community that abuts the Road Maintenance facility located at 4800 Davis
Boulevard.
CONSIDERATIONS: In December 2013 the HOA President, Mr. Nuechterlein, contacted
Road Maintenance staff to inquire about assisting them with the existing vegetation on Kings
Lake property that was providing screening of the Road Maintenance facility from the Kings
Lake Community. Due to some areas of hedge that were missing, the hedge was no longer
providing an adequate screening of the Road Maintenance facility for the Kings Lake
Community.
In January of 2014 Road Maintenance staff met with Mr. Nuechterlein, Mr. Williams, Kings
Lake Property Manager, and their Maintenance Superintendent to discuss several planting
options that would be acceptable. At that time the HOA indicated that they would get back to
staff with their decision as to which planting option they would like to move forward with. In the
mean time staff would trim back some of the large ficus on the Road Maintenance property to
allow more sunlight through to reach the Kings Lake hedges.
It was agreed that in order to better screen the Road Maintenance facility from the Kings Lake
Community, 90 Areca Palms (15 gallon container) and 130 Arboricola (3 gallon container)
would be planted on Kings Lake property along the property line that abuts the Road
Maintenance facility. On April 7th 2014, staff met to discuss and prepare the Agreement where
the County would purchase and install the plantings and then the HOA would be responsible for
maintaining the plantings and the existing irrigation lines in perpetuity. After review by their
attorney, the HOA returned the signed agreement on June 9th 2014.
FISCAL IMPACT: Funds in the amount of $5,502.50 are available in the Road Maintenance
Department operating budget 101- 163620.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary
LEGAL CONSIDERATIONS: The Board will need to make a finding of public purpose for
this project. This item has been approved as to form and legality. A majority vote is required for
Board approval. — HFAC
RECOMMENDATION: Recommendation that the Board approves the Landscape
Maintenance Agreement with the Kings Lake Homeowners Association which authorizes staff to
purchase and plant the agreed upon vegetation and authorizes Chairman to sign the Agreement.
Prepared by: Travis Gossard, Superintendent, Road Maintenance Department
Attachments: 1) Landscape Maintenance Agreement; 2) Temporary Construction Easement; 3)
Planting Plan; and 4) Location Map
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7/8/2014 16.A.26.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.26.
Item Summary: Recommendation to approve a Landscape Maintenance Agreement with
the Kings Lake Homeowners Association which authorizes the County to purchase vegetation to
be planted by the County along the Kings Lake property line that abuts the Road Maintenance
facility located at 4800 Davis Boulevard. (Estimated fiscal impact $5,502.50).
Meeting Date: 7/8/2014
Prepared By
Name: LynchDiane
Title: Supervisor - Operations, Road Maintenance
6/13/2014 10:44:44 AM
Approved By
Name: LynchDiane
Title: Supervisor - Operations, Road Maintenance
Date: 6/13/2014 11:31:34 AM
Name: V1ietJohn
Title: Director - Road Maintenance, Road Maintenance
Date: 6/16/2014 9:12:56 AM
Name: Tara Castillo
Title: Management/Budget Analyst, Road Maintenance
Date: 6/17/2014 12:37:56 PM
Name: ShueGene
Title: Director - Operations Support, Transportation Administration
Date: 6/18/2014 11:44:28 AM
Name: ShueGene
Title: Director - Operations Support, Transportation Administration
Date: 6/19/2014 1:59:53 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
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Date: 6/23/2014 10:23:30 AM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 6/25/2014 5:13:57 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/26/2014 4:28:49 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/27/2014 12:08:05 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 6/27/2014 2:1 8:53 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 7/1/2014 1:06:40 PM
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LANDSCAPE AGREEMENT
THIS LANDSCAPE AGREEMENT (hereinafter referred to as the "Agreement ") is
made and entered into on this day of , 2014, to be effective
as of the date upon which this Agreement is approved by the Board of County
Commissioners of Collier County (the "Effective Date "), by and between KINGS LAKE
HOMEOWNER'S ASSOCIATION, INC., a Florida non -profit corporation (hereinafter
referred to as "HOA ") whose mailing address is c/o Southwest Property Management
Corp., 1044 Castello Drive, #206, Naples, Florida 34103, and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3299 Tamiami
Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112
(hereinafter referred to as "County ").
WITNESSETH:
WHEREAS, County operates a road maintenance facility at 4800 Davis Boulevard
on property owned by the State of Florida; and
WHEREAS, the rear of the road maintenance facility abuts common area owned
by the HOA described as Outlot C, Kings Lake, Unit 1, according to the plat thereof
recorded in Plat Book 12, pages 68 and 69 (the "HOA Property "); and
WHEREAS, the parties desire to install a vegetation barrier on the north 10 feet of
the HOA Property to create a vegetation barrier between the Kings Lake Development
and the road maintenance facility; and
WHEREAS, County is willing to pay for the vegetation barrier and its installation,
but will not participate in its ongoing maintenance; and
WHEREAS, HOA agrees to convey a Temporary Construction Easement to
County at no cost to County and as more particularly described in Attachment "A" for
the purpose of installing the vegetation barrier; and
WHEREAS, after installation, HOA is responsible to irrigate and maintain the
vegetation barrier in perpetuity.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all attachments
referenced herein are made a part of this Agreement.
2. HOA shall deliver to County, at no cost to County and within ninety (90) days of
the effective date of this Agreement, the following properly executed documents
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7/8/2014 16.A.26.
(HOA's delivery of said properly executed documents is hereinafter referred to as
the "Closing "):
a. from HOA, a Temporary Construction Easement to County across HOA
common elements for installation of the vegetation barrier;
b. evidence of the authority of the entity and signatory to execute said
Temporary Construction Easement on behalf of HOA;
c. a Public Disclosure Act Disclosure Affidavit as required by Section 286.23,
Florida Statutes
3. Upon receipt of the foregoing, County shall record said Temporary Construction
Easements and provide HOA with an invoice for all recording fees and
documentary stamp taxes. HOA shall pay County for the recording fees of the
Temporary Construction Easement and any documentary stamp taxes. Within 30
days of receipt of the invoice, HOA shall pay the amount to County.
4. This Agreement shall become null and void and all obligations of the parties
hereto shall be terminated in the event that HOA fails to deliver to County, within
ninety (90) days of the effective date of this Agreement, all documents referenced
in Paragraph 2 (above).
5. After the receipt of all items identified in Paragraph 2 above, and after satisfactory
completion of all obligations set forth in Paragraph 2 above, County shall install
the vegetation barrier within the area described in the Temporary Construction
Easement per the Planting Plan, attached hereto as Attachment "B
6. HOA shall be responsible for obtaining an SDP amendment or insubstantial
change determination, if required.
7. After the installation of the vegetation barrier and acceptance of the landscaping
and irrigation by HOA, HOA shall thereafter assume all maintenance
responsibilities for the landscaping and provide irrigation.
8. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and may only be modified by
written amendment thereto.
The reciprocal obligations contained herein are contingent upon no other
provisions, conditions, or premises other than those so stated above; and this
written Agreement, including all exhibits attached hereto; shall constitute the
entire Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
10. This is the entire agreement between the parties with respect to the matters set
forth herein, and any notice, request, demand, instruction or other communication
to be given to either party hereunder shall be in writing sent by facsimile with
automated confirmation of receipt, or registered or certified mail, return receipt
requested, postage prepaid or personal delivery addressed as follows:
Landscape Agreement Page 2 of 4
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If to County: Road Maintenance
Attn: Travis Gossard, Superintendent
4800 Davis Boulevard
Naples, Florida 34104
Telephone 239 - 252 -8924
With a copy to: County Attorney
Office of the County Attorney
Harmon Turner Building
3299 Tamiami Trail East, Suite 800
Naples, Florida 34112
Telephone 239 - 252 -8400
Fax 239 - 252 -0225
If to HOA: Kings Lake Homeowner's Association, Inc.
c/o Southwest Property Management Corp.
1044 Castello Drive, #206
Naples, Florida 34103
Telephone:
11. To the extent permitted by law, HOA shall indemnify, defend, save and hold
harmless County against and from, and reimburse County with respect to any and
all damages, claims, liabilities, laws, costs and expenses (including without
limitation reasonable paralegal and attorney fees and expenses whether in court,
out of court, in bankruptcy or administrative proceedings or on appeal), penalties
or fines incurred by or asserted against the County by reason or arising cut of the
construction of the vegetation barrier and all other obligations and performance
under this Agreement.
12. This Agreement is not intended to create any rights, benefits or entitlements in
any person or entity who is not an undersigned party to this agreement. No third -
party beneficiary claims may be asserted on the basis of this Agreement.
11 This Agreement is governed and construed in accordance with the laws of the
State of Florida.
14. All obligations contained herein other than the granting of the temporary
easement interests shall survive the recording of the Temporary Construction
Easement.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Landscape Agreement Page 3 of 4
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IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COUNTY:
DATED: _
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
Deputy Clerk
AS TO HOA:
WITNESSES:
With�ss (� naf re)
Name:
(Pri )
Witness (Signatures}
Name: E-, \ L,6 -i n l Tit E I
(Print)
Approved as to form and legality:
Heidi Ashton -Cicko
Managing Assistant County Attorney
C P\14 -TRM- 0012018
Landscape Agreement
RY'
TOM HENNING, Chairman
KINGS LAKE HOMEOWNER'S
ASSOCIATION, INC., a Florida
Corporation not for profit
By:
KARL NUECHTERLEIN, President
Page 4 of 4
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,4 i 4a c�1 rr : 4 A
TEMPORARY CONSTRUCTION EASEMENT
This Easement granted this day of , 2014, by KINGS LAKE
HOMEOWNER'S ASSOCIATION, INC., a Florida non - profit corporation organized under the
laws of the State of Florida, whose mailing address is c/o Southwest Property Management
Corp., 1044 Castello Drive, #206, Naples, Florida 34103 (hereinafter referred to as "Grantor ") to
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns,
whose mailing address is 3299 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred
to as "Grantee ").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of all individuals, and the
successors and assigns of corporations.)
WITNESSETH that the Grantor, for and in consideration of Ten Dollars ($10,00) and
other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged,
hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction
Easement to enter upon the lands described as follows:
The north 10' of Outlot C, Kings Lake Unit 1, according to the plat
thereof recorded in Plat Book 12, pages 68 and 69 of the public records
of Collier County, Florida
for the purpose of installation of landscaping in this area. Except as provided below, this
Temporary Construction Easement shall expire six (6) months from the date of execution
hereof.
If the construction of the public facilities is not complete within six (6) months from the
date of execution hereof, then the Grantee may extend the Temporary Construction Easement
for six (6) additional months by recording a Notice of Time Extension in the Public Records of
Collier County, Florida. If the Grantee shall extend the completion of the public facilities,
Grantee shall first notify the Grantor in writing at the address listed above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
ATTEST:
WITNESSES:
4� lul�l
Wit ss ( giinaturie)
Name: u►s
(Pri t
KINGS LAKE HOMEOWNERS
ASSOCIATION, INC., a Florida
Corporation not for profit
By: kl,"00 /UMU���
KARL NUE HTERLEIN, President
1 of 2
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7/8/2014 16.A.26.
Witness (Signature)
Name: t s
(Print) T�
STATE OF F 1 e, r c!�
COUNTY C Co11 e
The foregoing Temporary Construction Easement was acknowledged efore me this ka,
days of K
, 2014, by m,-1 rt�v,t E(�e%() , as
f ;^ `d ey of Kings Lake Homeowner's Association who:
is personally known to me
OR
produced as proof of identity.
6AIIJ(affix notarial seal)
(Signature of lotary Publi )
7t nn� 1�c�mcav'1 P,f�� --
(Print Name of N tary Public)
". rw Mr` ? Serial 1 Commission # (if any): Ef d2 S9
My Commission Expires:
CP \14•TRM- 00120 \13
2 of 2
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Attachment'B': Planting Plan
Cotter County
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7/8/2014
TEMPORARY CONSTRUCTION EASEMENT
This Easement granted this day of , 2014, by KINGS LAKE
HOMEOWNER'S ASSOCIATION, INC., a Florida non - profit corporation organized under the
laws of the State of Florida, whose mailing address is c/o Southwest Property Management
Corp., 1044 Castello Drive, #206, Naples, Florida 34103 (hereinafter referred to as "Grantor ") to
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns,
whose mailing address is 3299 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred
to as "Grantee ").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of all individuals, and the
successors and assigns of corporations.)
WITNESSETH that the Grantor, for and in consideration of Ten Dollars ($10.00) and
other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged,
hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction
Easement to enter upon the lands described as follows:
The north 10' of Outlot C, Kings Lake Unit 1, according to the plat
thereof recorded in Plat Book 12, pages 68 and 69 of the public records
of Collier County, Florida
for the purpose of installation of landscaping in this area. Except as provided below, this
Temporary Construction Easement shall expire six (6) months from the date of execution
hereof.
If the construction of the public facilities is not complete within six (6) months from the
date of execution hereof, then the Grantee may extend the Temporary Construction Easement
for six (6) additional months by recording a Notice of Time Extension in the Public Records of
Collier County, Florida. If the Grantee shall extend the completion of the public facilities,
Grantee shall first notify the Grantor in writing at the address listed above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
ATTEST:
WITNESSES:
4itM 4si gn ature) ,
Name: u► 16. ,
(Pri t
KINGS LAKE HOMEOWNERS
ASSOCIATION, INC., a Florida
Corporation not for profit
By:
KARL NUE HTERLEIN, President
1 of 2
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16.A.26.�
7/8/2014 16.A.26.
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Witness (Signature)
Name: F I k y- !;7 n Iy �T
(Print)
STATE OF F► ri r"(A0.— COUNTY OF 0,0 1 I " *---fl,
^ 0111�-fl,
The foregoing Temporary Construction Easement was acknowledged pefore me this (,A% .
day of ___ 2014, by Ko)C 1 at,L�1'%(e +rl as
day of Kings Lake Homeowner's Association who:
is personally known to me
•-
produced
proof of identity.
(affix notarial seal)
(Signature of tary Publi )4 ,
9.ZL1,ii1�t.' YtO�Y%'IC�l
(Print Name of N tary Public)
CP \14 -TRM- 00120 \13
Serial / Commission # (if any): Ef OZ GS9 I
My Commission Expires: 10 -0-11-1
2 of 2
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October 11, 2014
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CP \14 -TRM- 00120 \13
Serial / Commission # (if any): Ef OZ GS9 I
My Commission Expires: 10 -0-11-1
2 of 2
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7/8/2014 16.A.26
Attachment'B': Planting Plan
Packet Page -930-
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