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Agenda 04/09/2013 Item #16A13 4/9/2013 16.A.13. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairwoman to sign a Collier County Landscape Maintenance Agreement between Collier County and the Strand Master Property Owners Association for a landscape planting buffer along Veterans Memorial Blvd. and reduce the permitting fees from $2,000 for a commercial large residential development to $200.00 for a residential landscaping site. OBJECTIVE: That the Board of County Commissioners (the Board) approve and authorize the Chairwoman to sign the attached Collier County Landscape Maintenance Agreement permitting improvements within County right-of-way and insuring that the community will maintain the plantings accordingly and approve a permitting fee reduction from $2,000.00 to $200.00. CONSIDERATIONS: Collier County was approached by the Strand Master Property Owners Association to install a landscape buffer within the Veterans Memorial right-of-way. As a result of a code enforcement complaint, Brazilian Pepper hedges were removed by the County creating a cleared right-of-way area. The exotic hedges visually screened the community from interstate traffic views. With the proposed landscape buffer improvements, interstate views will once again be screened. The selection of plant material has been reviewed and accepted by the County and the residential community. The Strand Community has agreed to maintain the buffer and remove all Brazilian Pepper hedges within the landscape buffer area. The Strand requested a decrease in permitting fees since the project is not along a developed arterial roadway. Staff agreed and recommends reducing the permitting fee from $2,000 to a reduced fee of $200.00 which is applicable for a residential landscape construction site because this will require minimal inspections and oversight during installation. The Agreement may be freely terminated as of right by either party, with or without cause, upon written notice. If the Association exercises this right, or if the County exercises this right based upon the Association's substantial breach of this Agreement, then upon written demand by County, the Association, at its sole cost and expense, shall remove the improvements and will restore the right-of-way to the condition that existed immediately prior to the effective date of this Agreement. If the County exercises this right, or if the Association exercises this right based upon the County's substantial breach of this Agreement, then the County will be responsible for any removal of the improvements or restoration of the right-of-way. Except for the above. neither party will be liable to the other for any damages or claims resulting from the termination of this Agreement. FISCAL IMPACT: There is no cost to Collier County associated with this proposal. GROWTH MANAGEMENT IMPACT: There is no growth management associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires majority support for approval. —JAK Packet Page-819- 4/9/2013 16.A.13. RECOMMENDATION: That the Board approve and authorize the Chairwoman to sign a Collier County Landscape Maintenance Agreement between Collier County and the Strand Master Property Owners Association for a landscape planting buffer along Veterans Memorial Blvd. and reduces the permitting fees from $2,000 for a commercial large residential development to $200.00 for a residential landscaping site. Prepared By: Pamela Lulich, Landscape Operations Manager, Road Maintenance Department Attachments: 1) The Strand Master Landscape Maintenance Agreement; 2) Schedule "A"; 3) Landscape Sheet 1 through; 4) Schedule `B" Packet Page-820- 4/9/2013 16.A.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.13. Item Summary: Recommendation to approve and authorize the Chairwoman to sign a Collier County Landscape Maintenance Agreement between ("Agreement") Collier County and the Strand Master Property Owners Association for a landscape planting buffer along Veterans Memorial Boulevard and reduces the permitting fees from $2,000 for a commercial large residential development to $200 for a residential landscaping site. Meeting Date: 4/9/2013 Prepared By Name: LulichPamela Title: Manager-Landscape Operations,Alternative Transpo 3/5/2013 12:01:01 PM Submitted by Title: Manager-Landscape Operations,Alternative Transpo Name: LulichPamela 3/5/2013 12:01:02 PM Approved By Name: HerreraGloria Title: Management/Budget Analyst,Transportation Administr Date: 3/5/2013 12:59:53 PM Name: KearnsAllison Date: 3/6/2013 3:10:54 PM Name: ShueGene Date: 3/6/2013 4:31:09 PM Name: VlietJohn Title: Director-Road Maintenance,Transportation Enginee Date: 3/7/2013 1:50:32 PM Packet Page-821- 4/9/2013 16.A.13. Name: LynchDiane Amok Title:Administrative Assistant Date: 3/21/2013 3:56:41 PM Name:KlatzkowJeff Title: County Attorney Date: 3/28/2013 1:43:04 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/1/2013 12:53:12 PM Name: KlatzkowJeff Title: County Attorney Date: 4/1/2013 2:54:41 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 4/1/2013 5:11:38 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 4/2/2013 11:34:20 AM Packet Page-822- 4/9/2013 16.A.13. LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this ...:2'7,trze...4"2 ? .. 2013. by and between Collier County. Florida. a political subdivision of the State of Florida whose mailing address is 3301 Tamiami Trail Fact, Naples. FL 34112 (hereinafter referred to as the "County"). and Strand Master Property Owners Association. whose mailing address is 2335 Tarniami Trail N.Suite 402.Naples. Florida 34103 (hereinafter referred to as the-Association-). RECITALS: WHEREAS. County is the owner of that certain right-of-way located in Collier Count), Florida and known as Veterans Memorial Boulevard Right of Way (hereinafter referred w as "RO‘V");and \WHEREAS, Section 1-A-1 of the Constructiort Standards Handbook for Work Within The Public Rights-Of-Way. Collier Count)._ Florida(2009) provides as follows: Permitting The responsible property owner or his authorized agent must aripii tin a "Permit to Perform Work andfor Maintenance in Public Right-of-war., " WHEREAS. Section 1: Planning. and Development of the Landscape and irrigation Specifications far Beautification Improvements within the Public Right-of-way. Collier Colmiy, Florida(2009) provides as follows: improvements w unimproved medians in the right of wav: A private owner, Developer or civic or homeowners" association desiring to landscape within a public right-of-way shall submit landscape and irrigation construction documents prepared by a licensed landscape architect for County review.. The Permit application shall include three (3) sets of detailed plans indicating the existing right-of-way facilities and the type and location of the proposed plantings, location of electrical and irrigation .systernst'sv. After acceptance of the landscape and irrigation plans, a landscape agreement shall be prepared in the contracting parties and approved hr the County Attorney's Office. (See Appendix for example.) The purpose of the landscape agreement is to ensure that the permittee. or his successors or assigns, shall be responsible to maintain such material and irrigation system until removed or unless otherwise specified WHEREAS. in keepine with the above, the Association has applied for a Landscaping Permit within the Public Rights-of-Way, and has submitted landscape and irrieation construction documents prepared by a licensed landscape architect for Counts review. A copy of this Permit and the plans are attached hereto as Schedule "A." The Association shall follow the Collier County Maintenance specifications attached as Schedule "B." NOV . THER,EFORE. in consideration of the covenants contained herein. Inc parties agee as follows: 1 of 4 Packet Page-823- 4/9/2013 16.A.13. I. Subject to the issuance of all necessary Permits. County hereby grants to the Association the right to use those portions of the ROW depicted in Schedule A. for the sole purpose set forth in Schedule "A." The Permits address, among other things, the timing of the work, maintenance of traffic flow during construction. and the permissible lane closures during the time that work is to be performed. 2. The Association agrees to construct and maintain the improvements set forth in Schedule -A- (hereinafter referred to as"Improvements")at its sole cost and expense. until such time as the County executes a release from indemnification as discussed below. 3. Should the Association fail to construct or maintain the Improvements in accordance with Schedule -A" or current law at the time of this Agreement. the County may provide notice to the Association in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, the Association at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to. or failure to maintain the improvements results in a situation where public safety is at risk. (1 the Association shall effect repairs within twenty-four hours of receipt of the County's written notice, or(2) the County may. at its option. effect repairs to the improvements, without the need for prior notice to the Association, and will promptly bill the Association for all actual costs incurred in effecting the repairs. The Association shall reimburse the County for such costs within thirty days of receipt of the County's hill. 4. The Association, as Indent/111°r hereunder, shall indemnify and save harmless the County, as Inderrmitee hereunder. including all employees of the County. from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, damages. losses. Imes, penalties, interest.,expenses, costs, or judgments, including attorneys' fees and costs of litigation. against the County arising out of the Association's use of the ROW for the purposes set forth in this Agreement. including the construction and removal of the Improvements. The Indernnitee shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to Lndemnitor's obligation hereunder without the prior consent of Inderrmitor, such consent to not be unreasonably withheld. 5. The indemnity provided for by this Agreement will extend from the date of this Agreement until such time as the parties hereto acknowledge in writing that the Association has ceased to use the ROW for the purposes stated within this Agreement and the ROW has been restored as set forth below, at which time, following receipt of the Association's written request. the County will execute a release from indemnification in favor of the Association.. 6. Indernnitee agrees to give Indemnitor written notice of any claims filed against the Counts in connection with this Agreement, within thirty days of the date that County is are of such claim. 7. 'Unless terminated as set forth beloss. this Agreement shall remain in full force and effect in perpetuity from the date first set forth above, and shall be binding upon the parties and all their successors in interest, The Agreement may be freely terminated as of right by either 2 of 4 Packet Page-824- 4/9/2013 16.A.13. party. with or without cause. upon written notice to the other. If the Association exercises this right_ or if the County exercises this right based upon the Association's substantial breach of this Agreement, then upon written demand by County. the Association. at its sole cost and expense. shall remove the Improvements and will restore the ROW to the condition that existed immediately prior to the effective date of this Agreement. If the County exercises this right. or if the Association exercises this right based upon the County's substantial breach of this Agreement. then the County will be responsible for any removal of the improvements or restoration of the ROW. Except for the above, neither party will be liable to the other for any damages or claims resulting from the termination of this Agreement. 8. In the event either party hereto shall institute legal proceedings in connection with_ or for the enforcement of. this Agreement. the prevailing party shall be entitled to recover its costs of suit..including reasonable attorney's fees, at both trial and appellate levels_ 9. This Agreement may he recorded by the County in the Official Records of Collier County, Florida. The Association shall pay all costs of recording this Agreement prior to the execution of this AgreeMCIlt. A copy of the Recorded Agreement will be provided to the Association. 10. This Agreement is the entire agreement between the panics, 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 or amended in any Way,save by written agreement signed by both panics. I I. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PARE TO FOLLOW 3 of 4 Packet Page-825- -.- -- 4/9/2013 16.A.13. In Witness Whereof.the parties have caused these presents to he executed on the day and "ow date first above written. BOARD OF COUNTY COMMISSIONERS CO/i.IER COUNTY,FLORIDA ATTEST: INvight E.Brock, Clerk Georgia A. Hiller.Chairwoman WITNESSES: Strand Master Property Owners Association ( Association-) )....1,_ alibt.4110 (t.f..12-1.1 frt AA;LC.fril‘f) By. ,312Lti..„‘ . ...:."' - 2......,.....e......4...,. anted Name: Printed Name: , „ , Title- /P ,,,- ..- 4--- (...-,-----ILC'e Lk-iL .0 02,- L 1.7/7; ?"1-1 ,,,,,.^?„5 7-06"" ,,,,.., .:.-'--- -I PrintedName: SI ATE OF FLORIDA COUNTY OF COLLIER ostook Signed and acknowledged on this Z.1414dir,,,' of Attartirt .2013,before me, the undersigned notary public.h Li S112- a,,,,k,r-30 nt . President of S4f. . , .:.. ,.,,,,,,14, 40, ,..,,,,. ,,, ,,, N... .1 E. 1 J & a Florida corporation not-for-proftt,on behalf of The corporation. He is personally known to me or[v'produced c1or;40_ as iden ' icati . /1'?"--fr ... '(nary Public Printed Namei—ri-eeStit.e.,liCtLig:Ln'ira-r i ailc, My Commission Expires: . ......rr A , TRESHE KALAtii arfailACK ? 4t ugska.5,11,00 of Rwina k Approved as to form , ,.. Cvnrastotrt EE IM1. wit! and legal sufficiency: =r1m -1.4 , ....—., ..—,...J Jeffrey A. Klatzkow County Attorney 4 014 i Packet Page-826- f 4/9/2013 16.A.13. LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this ,2013, by and between Collier County, Florida, a political subdivision of the State of Florida whose mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the "County"), and Strand Master Property Owners Association, whose mailing address is 2335 Tamiami Trail N, Suite 402,Naples, Florida 34103 (hereinafter referred to as the"Association"). RECITALS: WHEREAS, County is the owner of that certain right-of-way located in Collier County, Florida and known as Veterans Memorial Boulevard Right of Way (hereinafter referred to as "ROW"); and WHEREAS, Section 1-A-1 of the Construction Standards Handbook for Work Within The Public Rights-Of-Way, Collier County, Florida(2009)provides as follows: Permitting The responsible property owner or his authorized agent must apply for a "Permit to Perform Work and/or Maintenance in Public Right-of-way. " WHEREAS, Section 1: Planning and Development of the Landscape and Irrigation Specifications for Beautification Improvements within the Public Right-of-way, Collier County, Florida(2009)provides as follows: Improvements to unimproved medians in the right of way:A private owner, Developer or civic or homeowners' association desiring to landscape within a public right-of-way shall submit landscape and irrigation construction documents prepared by a licensed landscape architect for County review. The Permit application shall include three (3) sets of detailed plans indicating the existing right-of-way facilities and the type and location of the proposed plantings, location of electrical and irrigation systems(s). After acceptance of the landscape and irrigation plans, a landscape agreement shall be prepared by the contracting parties and approved by the County Attorney's Office. (See Appendix for example.) The purpose of the landscape agreement is to ensure that the permittee, or his successors or assigns, shall be responsible to maintain such material and irrigation system until removed or unless otherwise specified. WHEREAS, in keeping with the above, the Association has applied for a Landscaping Permit within the Public Rights-of-Way, and has submitted landscape and irrigation construction documents prepared by a licensed landscape architect for County review. A copy of this Permit and the plans are attached hereto as Schedule "A." The Association shall follow the Collier County Maintenance specifications attached as Schedule`B." NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1 of 4 Packet Page-827- 4/9/2013 16.A.13. 1. Subject to the issuance of all necessary Permits, County hereby grants to the Association the right to use those portions of the ROW depicted in Schedule "A," for the sole purpose set forth in Schedule "A." The Permits address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures during the time that work is to be performed. 2. The Association agrees to construct and maintain the improvements set forth in Schedule "A"(hereinafter referred to as "Improvements") at its sole cost and expense, until such time as the County executes a release from indemnification as discussed below. 3. Should the Association fail to construct or maintain the Improvements in accordance with Schedule "A" or current law at the time of this Agreement, the County may provide notice to the Association in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, the Association at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to, or failure to maintain the Improvements results in a situation where public safety is at risk, (1) the Association shall effect repairs within twenty-four hours of receipt of the County's written notice, or(2) the County may, at its option, effect repairs to the Improvements, without the need for prior notice to the Association, and will promptly bill the Association for all actual costs incurred in effecting the repairs. The Association shall reimburse the County for such costs within thirty days of receipt of the County's bill. 4. The Association, as Indemnitor hereunder, shall indemnify and save harmless the County, as Indemnitee hereunder, including all employees of the County, 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 the Association's use of the ROW for the purposes set forth in this Agreement, including the construction and removal of the Improvements. The Indemnitee shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder without the prior consent of Indemnitor, such consent to not be unreasonably withheld. 5. The indemnity provided for by this Agreement will extend from the date of this Agreement until such time as the parties hereto acknowledge in writing that the Association has ceased to use the ROW for the purposes stated within this Agreement and the ROW has been restored as set forth below, at which time, following receipt of the Association's written request, the County will execute a release from indemnification in favor of the Association. 6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the County in connection with this Agreement, within thirty days of the date that County is aware of such claim. 7. Unless terminated as set forth below, this Agreement shall remain in full force and effect in perpetuity from the date first set forth above, and shall be binding upon the parties and 2of4 Packet Page-828- 4/9/2013 16.A.13. all their successors in interest. The Agreement may be freely terminated as of right by either party, with or without cause, upon written notice to the other. If the Association exercises this right, or if the County exercises this right based upon the Association's substantial breach of this Agreement, then upon written demand by County, the Association, at its sole cost and expense, shall remove the Improvements and will restore the ROW to the condition that existed immediately prior to the effective date of this Agreement. If the County exercises this right, or if the Association exercises this right based upon the County's substantial breach of this Agreement, then the County will be responsible for any removal of the Improvements or restoration of the ROW. Except for the above, neither party will be liable to the other for any damages or claims resulting from the termination of this Agreement. 8. In the event either party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 9. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. The Association shall pay all costs of recording this Agreement prior to the execution of this Agreement. A copy of the Recorded Agreement will be provided to the Association. 10. 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 or amended in any way, save by written agreement signed by both parties. 11. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 3 of 4 Packet Page-829- 4/9/2013 16.A.13. In Witness Whereof,the parties have caused these presents to be executed on the day and date first above written. BQARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: Dwight E. Brock, Clerk Georgia A. Hiller, Chairwoman WITNESSES: Strand Master Property Owners Association ("Association") By: Printed Name: Printed Name: Title: Printed Name: STATE OF FLORIDA COUNTY OF COLLIER ow Signed and acknowledged on this day of , 2013, before me,the undersigned notary public, by , President of 1 a Florida corporation not-for-profit, on behalf of the corporation. He [] is personally known to me or [] produced as identification. Notary Public Printed Name: My Commission Expires: Appr•, -• r ' - . legal sufficiency: it Pt lit i Jeffrey/;. . 6 ow Coun • 4 mey 4 of 4 Packet Page-830- Right-of-Way Application 4/9/2013 16.A.13. GROWTH MANAGEMENT DIVISION ROW PERMITTING& INSPECTION 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 ROW Section Telephone Number:252-5767 Inspection Telephone#252-3726 (For Courtesy Inspection,call 252-3726, Option 2, and leave a message for the Inspector) ,LL IN ALL APPLICABLE INFORMATION RIGHT-OF-WAY PERMIT# PSP# SDP/AR# BUILDING PERMIT# PROJECT NAME Strand Landscaping Project in Veterans Memorial ROW Check Right-of-Way Type RESIDENTIAL FEES APPLICATION CHECKLIST ® Construction (Driveway/Sidewalk/Landscaping) $200 ❑ Renewal/Modification (Unexpired Permit) $100 ❑ Copy of house survey with ❑ Jack-and-Bore/Directional Bore $500 A sketch for the request ❑ Sprinkler Head $50 ❑ Open-Cut $2,000 ❑Application fee ❑(location, size,request ❑ Miscellaneous Events $200 (location, size, etc.) ❑ Other COMMERCIAL SMALL DEVELOPMENT LARGE DEVELOPMENT ❑ Construction (All) $1,000♦/$2,000♦ $2,000v/$4,000 A ❑ Renewal/Modification (Unexpired Permit) $500 $1,000 ❑ Jack-and-Bore/Directional Bore $1,000 $2,000 ❑ Sprinkler Head $200 $400 ❑ Turn-lane/Median $1,500 $3,000 ❑ Open-Cut $4,000 $6,000 ❑ Work in the ROW without Lane Closures $50v/$100♦ $100•/$200♦ ❑ Work in the ROW with Lane Closures See Exhibit"A" ♦-JUN.-NOV. ❑ PSC Regulated Franchise Utility $100 +$50 per day Inspection Fee •-DEC.-MAY. COMMERCIAL ONLY: FEE PAID $200 _Please submit 2 sets of signed and sealed plans_ Est. Number of Days in ROW (If applicable) °LEASE PRINT Total Amount day's Date February 8.2013 Paid $200 Make checks payable to: Board of County Commissioners Receipt# Approval is hereby requested by(Owner Name) For the purpose of Landscaping Veterans Memorial ROW when Brazilian Pepper Trees were removed in Summer 2013 At/on (project street Address) The project is at the undeveloped, Eastward extension of the Veterans Memorial ROW Lot No. Block Unit Tract Portion of Tract N E S W Subdivision Sec. ; Twp. ; Rge. E. Folio No. Property Name Strand Master Property OvnersAssocabin Contractor/ Name Owner's Contact Name Lisle Anderson Agent Contact Name Info. Mailing Add. information Mailing Add. - 744,Tarwami Trail N,Si titp 4117 g City/State/Zip Naples,Florida 34103 City/State/Zip Telephone 74q_7nR_31 R7 Telephone Email: lisleanderson @msn.com Contractor's License Number 1. Work shall be performed in accordance with approved plan, 4. If the application is made by any person or firm other than the owner of Conditions of Permit appearing on reverse side, stipulations the property involved, a written consent from the property owner shall specified as part of this permit and in accordance with Collier be required prior to processing of the application. County Ordinance #09-19 and the "Public Right-of-Way 5. Growth Management Division approval does not exempt the permittee Construction Standards Handbook,"latest edition. from gaining approval from any State, Federal or Local Agencies having 2. Applicant declares that prior to filing this application he has jurisdiction over the proposed work. ascertained the location of all existing utilities, both aerial and 6. I have read the Collier County Right-of-Way Permit Notes and underground. Any changes to any utility shall be the responsibility Conditions and agree to conduct all work in accordance with the County of the Permittee for all cost. Ordinance #09-19,as amended and all applicable all County and State, 3. This permit is contingent upon Permittee obtaining necessary codes and laws,as amended. Under penalties of perjury, I declare that rights of entry for construction and maintenance where required I have read the forgoing permit application and that facts stated in it are right-of-way for public use has not been dedicated and accepted by true. Collier County. X AUTHORIZED SIGNATURE Packet Page-831- CONDITIONS OF PERMIT 4/9/2013 16.A.13. 1. This permit must be kept on the work site and be available upon request or prominently displayed. 2. Permits are required for all work performed in any rights-of-way or easements provided for public use in the unincorporated area of Collier County and in thou, public rights-of-way or easements,which are maintained by Collier County,but lie within municipal boundaries. 3. When permitted facilities are placed within a public right-of-way or easement,the installation is for permissive use only and placing of facilities shall not operate to create or vest any property right in the associated right-of-way or easement to the permittee. Furthermore,the permittee shall be responsible for maintenance of such facilities until they are removed,unless otherwise specified. 4. All materials and equipment,including Maintenance of Traffic(MOT)and equipment placement,shall be subject to inspection by the Growth Management Division. 5. Requests for pre-inspections shall be made 72 hours prior to commencing work requiring inspection. 6. No lane closures will be permitted between the hours of 7:00—9:00 A.M.and 3:30—6:30 P.M. 7. Prior to construction,the Contractor/Permittee shall submit a Maintenance of Traffic plan(MOT)for any construction project involving work or activity that may affect traffic on any County street, roadway or bikepath/sidewalk. The MOT must be signed by either a Professional Engineer or person certified by the International Municipal Signal Association (IMSA) if affecting Arterial or Collector Roadways, unless waived by the Growth Management Division, Road Maintenance Department. The driveway fill and driveway culvert including soil erosion/sedimentation control measures must be installed prior to the start of any earth moving construction activity with drainage plans,culvert size,soil erosion/sedimentation controls,elevation offset,and ditch slope designed and certified by a licensed engineer for all commercial projects. 8. During construction the Contractor/Permittee shall comply with the "State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance,and Utility Operations"and with the"Manual On Uniform Traffic Control Devices"and with all other governing safety regulations and shall maintain the approved site drainage plan and soil erosion/sedimentation control plan. 9. The Permittee shall hold the County harmless and the County shall be relieved of all responsibility for any damage or liability of any nature arising from work authorized and performed under this permit. 10. All crossings of existing pavement shall be made by jacking and boring at a minimum depth of thirty-six inches(36"),unless otherwise authorized by the Growth Management Division for good cause shown. 11. All overhead installations must meet a minimum four foot separation to communication lines(both vertically and horizontally), minimum seven foot separation to guys (both vertically and horizontally)and minimum ten foot separation to neutrals(both vertically and horizontally), and meet and/or exceed all other OSHA requirements as may be determined by OSHA clearance requirements and/or formulas relevant to overhead lines clearances and/or separations requirements (both vertically and horizontally), and all underground crossings shall be placed at a minimum depth of thirty-six inches (36") below the pavement and/or a minimum depth of twenty-four inches(24")below the designed roadside ditch or swale invert. Primary cable (voltage exceeding 500 volts)shall have minimum thirty-six(36")cover. Secondary cable(voltages less than 500 volts)shall have a minimum thirty-inch(30")cover. Exception may be made by authority of the Growth Management Division for good cause shown. 12. Two prints of the proposed work covering details of this installation shall be made a part of this permit. If additional plans are required,they shall become a part this permit. 13. Following completion of all permitted work,grassing and/or seeding shall be required for any disturbed rights-of-way. 14. All property disturbed by work authorized by this permit must be restored to better than,or equal to,its original condition,and to the satisfaction of the County. 15. Whenever deemed necessary by the County for the construction,repair,maintenance,improvement,alteration or relocation of applicable right-of-way or easement and when so notified by the County,any or all poles,wires,pipes,culverts,cables,sod, landscaping,driveways,sprinklers,or other facilities and appurtenances authorized shall be removed from said right-of-way or easement,or reset or relocated thereon as required,to be installed by this Permit,and at the expense of the permittee,his successor,or assign. 16. When the permittee,or his successor,or assign is notified of a need for construction,repair,maintenance,improvement,alteration of or relocation within the right- of-way or easement and no action is taken by the responsible party within the time frame specified by the County,the County shall cause the permitted work to be altered,relocated,or removed,with the total expense being borne solely by the permittee or the responsible party. 17. Permits shall generally be in a form approved by the Board of County Commissioners and shall include the time of commencement,the number of days the job is expected to take,and the approximate date of completion. The permit will expire ninety(90)days after the designated completion date, unless authorized in the specific instance for a longer or shorter period. If the work has not been completed by the expiration date,there will be a renewal fee,set by Resolution,payable upon extending the expiration date for an additional ninety(90)days. 18. All correspondence regarding construction procedures will be through the permittee, or his authorized agent or consultant, and not through any contractor or subcontractor. 19. If there are any lane closures or work that will impede normal traffic flow. The permit holder is obligated to inform the road alert coordinator at 239-252-8192 and the ROW Permit Section at 239-252-5767,three working days prior to construction. 20. Collier County Traffic Operations Inspection Staff shall be notified in writing either via form letter(To: Collier County Traffic Operations, 2885 Horseshoe Drive South,Naples, FL 34104)or email(TrafficOps(a�collieroov.net)a minimum of 72 hours prior to the commencement of jobs that include overhead or underground work that will be conducted as part of construction or maintenance projects within Collier County or State Road rights-of-way within Collier County and 12 hours prior to any and all daily work to be performed throughout the entire length of construction or Maintenance projects. Any rescheduling of work shall be provided in writing. All underground facilities must be located prior to construction. 21. Prior to acceptance by the County(including issuance of Certificate of Occupancy),the ROW Permitting Section shall be notified by mailing or delivering a request for a final inspection to the ROW Permitting Section,2885 South Horseshoe Drive,Naples, FL 34104,or by phone,239-252-5767,upon completion of authorized work. All as built surveys shall be submitted in GIS format following Collier County Growth Management Division Standard for Design and As-Built Electrons Drawings(APPENDIX B)in addition to signed and sealed copies of the as-built survey. Packet Page-832- 4/9/2013 16.A.13. 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General Landscape Maintenance: Mowing, Edging, Weeding, General Site Pruning, Trash Removal, Canopy Tree and Palm Pruning, Fertilization, Pest Control, and irrigation maintenance are to follow the current maintenance specifications of the Strand Master Property Owners Association. B. Irrigation Maintenance: The Association may extend an existing irrigation system as specified in landscape and irrigation plans. Any extensions to the irrigation system will be installed and maintained in accordance with the current existing irrigation system's specifications and maintenance schedule. If landscaping consists exclusively of native species and the plants are established through installation then extensions to the irrigation system may not be needed and a manual watering schedule may be established. C. Exotic Control: The Association will inspect for and remove Brazilian pepper trees & other exotics according to the current Associations' schedule for exotic inspection and removal which is currently every 6 months. Packet Page-838-