Agenda 06/26/2012 Item #16A 8l!Z �� / r.
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EXECUTIVE SUMMARY
Recommendation to approve an agreement between the Big Cypress Golf and Country
Club Estates Homeowners Association, Inc. and Collier County pertaining to the
installation and maintenance of landscape improvement on Solana Road in support of the
Landscape Beautification Master Plan.
OBJECTIVE: To obtain the Board's approval of an agreement involving landscaping and
irrigation along Solana Road, a county road, where the Big Cypress Golf and Country Club
Estates Homeowners Association, Inc. ( "Big Cypress ") will pay for the landscape installation
and Collier County is requested to assume maintenance of the improvements in accordance with
the Landscape Beautification Master Plan.
CONSIDERATIONS: Through the Landscape Beautification Master Plan, possible funding
scenarios allow developers, municipal service taxing units (MSTUs) and homeowner
associations (HOA) to landscape six or four lane roadways to County landscaping standards,
where the developer /MSTU /HOA may do so at their own cost. Through this agreement, the
County may assume funding the maintenance responsibilities subject to Board approval for each
request. Unlike the roadways listed in the Collier County Landscape Beautification Master Plan,
Solana Road is a local road and is not listed as a roadway eligible for landscaping.
Solana Road (.22 miles) east of Goodlette Frank was constructed by the City of Naples and the
storm water improvements and traffic lights were coordinated with the Goodlette Frank Road
project. The City of Naples has also made drainage and roadway commitments on Solana Road.
As part of the City of Naples commitment to landscape within the roadway, the City will be
providing, at no cost to the County, reuse irrigation water and electrical service to the Solana
medians for the benefit of the landscaping improvements. See Letter from City of Naples to Big
Cypress, attached.
Big Cypress is committed to meeting all permitting requirements and has submitted landscape
architectural plans to the Growth Management Division for pre - permitting review. Big Cypress
will pay for all permitting fees and landscape and irrigation improvements associated with the
project.
Solana Road was installed with bahia sod, irrigation sleeving, median backfill in preparation for
future landscaping. As part of the Goodlette Frank Road landscape maintenance contract, the
Collier County ATM Department maintains the median and sides of the right of way at a cost of
$2,600 annually. Maintenance bids were requested based on the proposed design and the
estimated annual cost will be $8,500, including side of the right of way mowing. With the
approval of this agreement, Collier County would assume the additional median landscape and
irrigation. maintenance. The City of Naples will provide reuse irrigation water and electrical
service.
FISCAL IMPACT: The annual maintenance expenditure of $8,500 includes maintenance for
the new landscaped and irrigated median, any remaining unimproved median and side of the
Packet Page -854-
roadway areas. The fiscal impact would be the delta between the existing maintenance cost an(:
the estimated bid of $5,900.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board approve the Agreement Concerning the Installation
and Maintenance of Landscaping Improvements on Solana Road with the Big Cypress Golf and
Country Club Estates Homeowners Association, Inc.
Prepared By: Pamela J. Lulich, Landscape Operations Manager ATM Department
Attachments: (1) Letter from the City of Naples, (2) Agreement between Collier County and the
Big Cypress Golf and Country Club Estates Homeowners Association, Inc.
Packet Page -855-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8.
Item Summary: Recommendation to approve an agreement between the Big Cypress Golf
and Country Club Estates Homeowners Association, Inc. and Collier County pertaining to the
installation and maintenance of landscape improvement on Solana Road in support of the
Landscape Beautification Master Plan.
Meeting Date: 6/26/2012
Prepared By
Name: LulichPamela
Title: Manager - Landscape Operations,Altemative Transpo
5/30/2012 4:45:47 PM
Submitted by
Title: Manager - Landscape Operations,Altemative Transpo
Name: LulichPamela
5/30/2012 4:45:49 PM
Approved By
Name: ArnoldMichelle
Title: Director - Alt Transportation Modes,Altemative Tr
Date: 5/31/2012 10:07:56 AM
Name: HerreraGloria
Title: Management /Budget Analyst,Transportation Administr
Date: 5/31/2012 1:00:14 PM
Name: ShueGene
Date: 5/31/2012 4:15:16 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 6/4/2012 10:49:51 AM
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Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 6/6/2012 10:23:02 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/12/2012 5:27:44 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/15/2012 11:33:31 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/15/2012 5:30:58 PM
Name: OchsLeo
Title: County Manager
Date: 6/17/2012 8:54:32 AM
Packet Page -857-
OFFICE OF THE CITY MANAGER
TELEPHONE (239) 213 -1030 • FACSIMILE (239) 213 -1033
735 EIGHTH STREET SOUTH * NAPLES, FLORIDA 34102 -6796
February 17, 2012
Collier County Department of Alternative Transportation Modes
Attn: Pamela Lulich, RLA, Landscape Operations Manager
2885 Horseshoe Drive South
Naples, Florida 34104
Re: City of Naples Utility Availability for Maintenance of Landscaping Improvements
on Solana Road and on Moorings Park Drive Extension
Dear Ms. Lulich:
Consistent with the City's comprehensive planning, the City's design and construction of
divided streets with medians has included the extension of reuse water and electricity
for ultimate landscaping and maintenance. As part of the reconstruction of Solana
Road to a divided road section between Goodlette -Frank Road and Burning Tree Drive,
utilities were extended to provide for future median landscaping. These utilities include
reuse water for irrigation and underground electric service for operation of irrigation
controllers. Such utilities are currently in place on Moorings Park Drive Extension for
landscape operation and maintenance of medians on the public portions of the street
and are available for extension to the medians on Solana Road. In support of the
efforts of the property owners within the neighborhood and Collier County to design,
landscape and maintain medians on Solana Road, these utilities are available for those
medians on Solana Road.
For coordination, Joe Boscaglia is available and can be contacted at telephone number
213 -7134.
Sincerely,
g, ,,ff l ,
A. William Moss
City Manager
cc: Dave Lykins, Community Services Director
Gregg Strakaluse, Streets & Stormwater Director
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Packet Page -858-
AGREEMENT CONCERNING THE INSTALLATION AND MAINTENANCE OF
LANDSCAPING IMPROVEMENTS ON SOLANA ROAR
THIS Agreement concerning the installation and maintenance of landscaping
improvements on Solana Road (hereinafter referred to as the *Agreement*) is made
and entered into on this '12th day of dune, 2012, by and between, the Big Cypress Golf
and trountry Club Estates Homeowners Association, Inc., whose mailing address is
21 Cypress Point Drive, Naples, FL 34105, (hereinafter referred to as ( "Big Cypress
HOA "), and COLLIER COUNTY, a political subdivision of the State of Florida
(hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112.
WHEREAS, the City of Naples, Florida (the "City ") constructed Solana Road (.22
miles) east of Goodlette Frank Road and installed irrigation sleeving, curbing, and snail
in accordance with the Collier County Landscape Beautification Master Plan (hereafter,
"Solana Road "); and
WHEREAS, the County has accepted Solana Road as a County roadway; and
WHEREAS, Big Cypress HOA has agreed to provide the initial landscaping for
that portion of Solana Road subject to the County, after the installation of those
landscaping improvements identified in Exhibit "A," attached, with the County assuming
the future maintenance of those installed landscape improvements and
WHEREAS. the Big Cypress HOA also committed to meeting all permitting
requirements and submitted landscape architectural plans, which include landscape
and irrigation improvements, to enhance the median landscaping along that .22 mile
stretch of Solana Road (See Exhibit "A," attached); and
WHEREAS, the City committed to Big Cypress HOA to supply reuse irrigation
water and electrical service to allow for the continuous maintenance of those identified
landscaping improvements for that portion of Solana Road (See Ex. "B," Feb. 17, 2012,
correspondence); and
WHEREAS, County and Big Cypress HOA have determined and mutually agree
that it is mutually advantageous and in the best interest of the public to consummate
this Agreement.
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
followsr
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as it set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
1 County and Big Cypress HOA agree to do all things that may be required to give
effect to this Agreement immediately as such requirement is made known to
them or they are requested to do so, whichever is the earlier,
3, County agrees, represents and warrants the following.
(a) County has the full right, power and authority to control and govern that
portion of Solana Road (,22 miles) located east of Goodlette Frank Road .
including all landscape beautification improvements located thereon, to
execute this Agreement; to execute, deliver and perform Its obligations
under this Agreement, to undertake all actions and to perform all tasks
required of County hereunder and to consummate the transaction
f contemplated hereby.
Packet Page -859-
( ) County shall not be responsible for, nor, snali County dictate- upon bir,
Cypress HOA, the means, methods, techniques, skins; sequences or
procedures of construction relating to the provision of reuse irrigation
water and electrical service to be supplied by the City of Naples for this
Project. The aforementioned responsibilities during construction and at all
time thereafter shall remain with the Big Cypress HOA, the City and or its
contractor and/or their contractor's subcontractgrrs.
(c) After Big Cypress HOA installs the landscaping identified in Exhibit "A,° as
overseen by and in accordance with the County's direction, County shall
be responsible for the landscaping's future care and maintenance, as part
of a County managed and maintained landscape improvement project,
subject to the supply of reuse irrigation and electrical service as provided
below in section 4 and subject to the availability of funding by the Collier
County Board of County Commissioners.
4, Big Cypress HOA agrees, represents and warrants the following:
(a) Big Cypress HOA shall coordinate and confer with the County, the City
and any other similarly situated ,parties as necessary throughout the
installation of the landscaping, reuse irrigation and electrical service
installation for this Project. Following Big Cypress HOA's initial installation
of the landscape improvements, provision of reuse irrigation and electrical
service, the improvements to the median shall be part of a County
managed and maintained landscape improvement project.
(b) Big Cypress HOA shall communicate and coordinate with the City
regarding the City's installation of reuse irrigation and guarantee ra
sufficient reuse water supply to maintain and upkeep landscape
improvements installed along that .22 mile stretch of Solana Road east of
Goodlette Frank Road in accordance with the specifications attached
hereto in Exhibit `A:"
(c) Big Cypress HOA shall hold harmless, indemnify and defend County and
its agents, officers and employees from any and aft claims, losses,
penalties, demands, judgments, and costs of suit, including attorney's
fees, or any expense, damage or liability incurred by any of them, whether
for personal injury or property damage, arising directly or indirectly on
account of or in connection with Big Cypress HOA's provision of
landscape improvements, reuse irrigation water and electrical services as
provided herein.
(d) Big Cypress HOA shall be solely responsible for all costs directly and
indirectly associated with the design services , including aft Right -of -Way
permits and all other required permits, and for insuring the supply of water
and electrical services for the landscaping installed in connection with the
Project_
(e) Big Cypress HOA shall bear the entire cost of the initial landscape
improvements for the identified portion of Solana Road. Upon notice from
County, Big Cypress HOA shall remain and be responsible for the
replacement cost of any landscape improvements requiring replacement
in the future due to natural expiration.
b. County and Big Cypress HOA mutually agree and represent that if the City
ceases to provide reuse irrigation and electrical service anytime after Big
Cypress HOA's initial installation of landscaping on Solana Road, County shall
be relieved of its duty to maintain the landscaping and this Agreement shall
terminate unless Big Cypress HOA provides an alternative source of irrigation
and electrical service acceptable to the County within thirty (30) days of receiving
notice from County, in the event that this Agreement is tenninated, Big Cypress
HOA shall bear the cost of returning the site to its original condition.. In the event
2
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that Big Cypress HOA fails tc return the site to its original conditior, withir 30
days of receiving notice from County, County may restore the site to its original
condition and recover its reasonable costs from Big Cypress HOA,
& This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parities hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits,
7. County shall have the right to terminate this Agreement without cause upon thirty
(30) calendar (lays' written notice to Big Cypress HOA, In the event that the
County terminates this Agreement without cause, Big Cypress HOA shall bear
the cost of restoring the site to its original condition or provide an alternative
arrangement for the future maintenance of the landscaping that is acceptable to
the County.
8. It is further understood and agreed by and between the parties herein that this
agreement is subject to appropriation by the Board of County Commissioners,
9. Whenever necessary, the Parties shall cooperate to fulfill their respective
obligations under this Agreement.
10. This Agreement may be amended by mutual written consent of the Parties
hereto or by their successors in interest.
11, Should any part of this Agreement be found to be invalid, then such invalid Dart
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
12, This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written,
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
6Y:
Deputy Clerk Fred W. Coyle, Chairman
Approved as to form and
legal sufficiency'.
Collier County Atto y
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AS TO THE BIG CYPRESS HOA:
TWO WITNESSES:
B�y7
FIR$T WITNESS '
ypelPrint'Name
Type/P6nt Name and Tide
SECOND WITNESS
TypetPrint Name
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