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Agenda 11/13/2012 Item #16A1611/13/2012 Item 16.A.16. EXECUTIVE SUMMARY Recommendation that the Board approve an Assumption Agreement releasing WCI from future maintenance responsibilities for medians on Collier Boulevard (S.R. 951) at the Mainsail Drive intersection. OBJECTIVE: Through the approval of the Assumption Agreement, all parties agree that the Hammock Bay Owners' Association will assume all landscape and irrigation maintenance responsibilities Collier Blvd. (S.R. 95 1) at the Mainsail Drive intersection. CONSIDERATIONS: On June 10, 2003, the County entered into a Landscape Maintenance Agreement with WCI (Developer) for the installation of landscaping improvements in the medians of Collier Blvd. (Exhibit `A'). In paragraph 13 of the Landscape Maintenance Agreement, the parties expressly acknowledge and agree that after installation of the Improvements the Developer may assign all of its rights and obligations under the original Landscape Maintenance Agreement to the Hammock Bay Owners Association, Inc. (Association), a not - for -profit corporation. With installation completed, all parties wish to formalize the Association's Assumption rights and obligations. With the approval of the Assumption Agreement, the Association shall assume and Developer shall be released from, all of Developer's right, title, interest, duties, responsibilities and obligations under the Landscape Agreement. FISCAL IMPACT: The developer is responsible for all recording fees which is estimated to be 5112.00. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally sufficient, and requires a majority vote for approval. — ERP GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: Recommendation that the Board approve an Assumption Agreement releasing WCI from future maintenance responsibilities for medians on Collier Boulevard (S.R. 95 1) at the Mainsail Drive intersection. Prepared By: Pamela Lulich. GMD, Road and Bridge Department, Landscape Operations Manager Attachment: Signed Assumption Agreement Packet Page -1607- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.16. 11 /13/2012 Item 16.A.16. Item Summary: Recommendation to approve a transfer of Assumption Agreement releasing WCI from future maintenance responsibilities for medians on Collier Boulevard (S.R. 951) at the Mainsail Drive intersection and transferring that responsibility to Hammock Bay Owners Association. Meeting Date: 11/13/2012 Prepared By Name: LulichPamela Title: Manager - Landscape Operations,Alternative Transpo 10/18/2012 7:49:48 AM Submitted by Title: Manager - Landscape Operations,Alternative Transpo Name: LulichPamela 10/18/2012 7:49:50 AM Approved By Name: HerreraGloria Title: Management /Budget Anal yst,Transportation Administr Date: 10/18/2012 8:31:35 AM Name: VlietJohn Title: Director - Road Maintenance,Transportation Enginee Date: 10/18/2012 2:11:01 PM Name: ShueGene Date: 10/22/2012 4:18:13 PM Name: LynchDiane Title: Administrative Assistant Date: 10/24/2012 11:15:47 AM Packet Page -1608- Name: ShueGene Date: 10/25/2012 3:14:46 PM 11/13/2012 Item 16.A.16. Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 10/25/2012 3:59:43 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 10/26/2012 10:31:01 AM Name: KlatzkowJeff Title: County Attorney Date: 10/26'2012 2:44:54 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/26/2012 4:24:43 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/1/2012 2:42:54 PM Packet Page -1609- 11/13/2012 Item 16.A.16. ASSUMPTION AGREEMENT THIS ASSUMPTION AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this day of , 2012 by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose mailing address is the Harmon Turner Building, 3299 East Tamiami Trail, Naples, Florida 34112 ("County "), WCI COMMUNITIES, INC... a Delaware corporation, whose mailing address is 24301 Walden Center Drive, Bonita Springs, Florida 34134, and the HAMMOCK BAY OWNERS' ASSOCIATION, INC., a Florida non - profit corporation, whose mailing address is 24301 Walden Center Drive, Bonita Springs, Florida 34134 ( "Association "). WITNESSETH WHEREAS, WCI Communities, Inc. ( "Developer ") is the owner of certain tracts of real property in Marco Shores Unit One, according to the plat thereof recorded in Plat Book 14, Pages 33 through 38, inclusive, of the Public Records of Collier County, Florida known as Marco Shores and Hammock Bay (collectively the "Hammock Bay Property "); and WHEREAS, the Hammock Bay Property lies immediately south of Mainsail Dr., a Collier County right -of -way, and immediately east of Collier Boulevard (SR951), and is accessed from Collier Boulevard (SR 951) by Mainsail Drive; and WHEREAS, on June 10, 2003, the County entered into a Landscape Maintenance Agreement with Developer for the installation of landscaping improvements in the medians at the intersection of Mainsail Drive and Collier Boulevard, and copy of such Agreement is attached hereto as Exhibit "A "; and WHEREAS, in paragraph thirteen of the above- mentioned Agreement that the parties contemplated for the assignment of Developer's rights and obligations to the Association once installation of the improvements was complete; and WHEREAS, the installation of the improvements has been completed; and WHEREAS, the parties wish to formalize the Association's assumption of rights and obligations under the Landscape Maintenance Agreement effective as of the date first above written. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The Association hereby assumes all rights, title, interest, duties, responsibilities, and obligations of the Developer as stated in the Landscape Maintenance Agreement dated June 10, 2003. 1 Packet Page -1610- 11/13/2012 Item 16.A.16. 2. The Developer is hereby released from all of Developer's right, title, interest, duties, responsibilities and obligations under the above- mentioned Agreement. 3. Except as expressly stated, no further supplements to, or modifications of, the Agreement are contemplated by the parties. 4. The County hereby consents to the Association's assumption of the Agreement. No waivers of performance or extensions of time to perform are granted or authorized. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk r Print Names, V Prin e: _J t"e Ye y Print Name: Print Name:. - Approved as to form and 1 saff iencyL Emily R. Pe Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN HAMMOCK BAY OWNERS' ASSOCIATION By: Title: WCI COMMUNITIES, INC. By: C__ C^ Title: 2 Packet Page -1611- 11/13/2012 Item 16.A.16. STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this --)A- day of - 2012, by Paul Erhardt, as Senior Vice President of WCI COMMUNITIES, LLC, a Delaware limited liability company, on behalf of the company, who is personally known to me or fw-semed as-identi€eatien. Weall ry Public Stab or Fl rida garet A Sisk Commission EE 224210 ues 10/02/2018 (No STATE OF FLORIDA COUNTY OF LEE Name: 1 {1r, >LJG A kc t f Notary Public State of Florida at Large My commission expires: The foregoing instrument was acknowledged before me this Jk day of � e0--1- , 2012, by David Caldwell, as President of HAMMOCK BAY OWNERS ASSOCIATION,INC a Florida Not for Profit corporation, on behalf of the corporation„ who is personally known to me or presented as identification. � N Notary Pu01ic State or Florida \ i1 Margaret A Sisk ,p� My Commbsgn EE 224210 a, p0� EKwfeb. 1010212016 Name: ) not tt L t\ + Notary Public (Notary Sea]) State of Florida at Large My commission expires: t Packet Page -1612- 9 • 11/13/2012 Item 16.A.16. ' /C ATTACHMENT MMSM t LANDSCAPE MAMENANCE AGREEMENT COLLIER COUNTY AND WCI COMMUNITIES, INC. THIS AGREEMENT (hereinafter referred to as the ":Agreement ") is made and entered into this day of _. , 2002 by and between COLLIER COUNTY, FI-ORIDA, a political subdivision of the State .of Florida, address is the Harman Turner Building, 3301 East-Tamiami Trail,,Naples, Florida mailing. 112, ( "CounV) and WC' COMMLMTIES, INC., a Delaware corporation, whose mailing address is 24301 Walden Center. Drive, Bonita Springs, Florida 34134 ( "Developee" . WITNESSETH., WHEREAS, Developer is the owner, of certain tracts of real property in Marco Shores Unit One, according to the: plat thereof recorded,. iri plat Book I4, Pages- 33 through 38, inclusive, of the Public Records of Collier County, Florida known as Marco Shores and'Hammockk Bay {collectively the "Hammock Bay Property) ; and WHEREAS, the Hammock Bay Property lies immediately east of Collier Boulevard (S.R. 931) and is accessed from Collier Boulevard MR. 951) by Mainsail Drive, a Collier County. right�of-way. SEAS, Developer desires to improve the appearance of the medians on Collier Boulevard.(S.R. 95I) at the Mainsail Drive intersection by iirstalI g hmdsc specialty pavers mod landscape aP�, fighting improvements, at its stile cost and expense (here naft%r collectively referred to as "jMprovernents "} as depicted on Exhibit expense attached hereto ( "plans "); WHEREAS, Developer is desirous . of maintaining and replacing as necessary Improvements for an indefinite period of time, at it's sole cost and expense; and NOW, THEREFORE, in consideration of the above premises and other good and valuable NOW' the receipt and sufficiency of the which is hereby acknowledged, Parties agree as follows: IOPWWW Sh0=\isndswge*rftn _, l ATTACHMEW NO. PAfiF nj: — 11/13/2012 Item 16.A.16. L. Developer shall, with the participation. of the Collier County. Road and Bridge Department and the Collier County Airport Authority, complete. the design work for the Improvements in .aceordance. :with Florida Department of Transportation standards:. Prior to the mrn— encement of :installation of ft:: Itnprovernents, Developer shall provide three (3) copies of the Places -to the County. 2. Developer shall, with the. participation of the Collier County Road and Bridge Department and the Collier County Airport. Authority, pay for the costs associated with the installation of the Improvernpats and the work. shall be completed by January 15, 2003.. The Improv = ants shall be.=aintaimed and replaced: as necessary by Developer, at no cost to the County, Maintenance activities shall be in accordance with the standard Collier County Landscape Operations Section specifications, as detailed in attached. Exhibit `B" 3.. If required by the County,: Developer shall obtain any permits needed from 7.. the County for the Improvements 4:. Developer .expressly, agrees for itself , its successors and assigns, not to use Collier Boulevard (S.R. 951) in a manner which would interfere with or adversely affect the—traffic operation or maintenance of the Mainsail Drive Right -of- -way by the County or the public. 5. County may .remove or =der,:. removal . of the Improvements > if, in the opinion of County, a. safety or operational .problem is found to exist. Developer agrees aloe it shall not'be entitled to co atpensation for the. removal of the improvements. 6. Should Developer., or its succemors or assigns, as the case .maybe, fail to mairmtain the Improvements in :accordant with the County approved Plans, the County may provide. notice to Developer or its assigns, in writing, specifying the nature of the deficiency. Within. five (5) working days of zeceipt by the Developer, its successors or assigns, of the notice, such party°ahall cause the appropriate repairs to be effected, at no cost to the County. In the event. deinage to or failure to .maizrtair} the improvements results in a situation where public safety is .at risk, the County may, at .its option, effect repairs to the improvements .itself, without the need for prior writtcn notice to the Developer or its assigns, and i , present a bill :to the Developer or its assigns for all actual costs incurrrd in effecting the repairs together with invoices. The Developer or its assigns shall reimburse the ..County for these -costs within,forty -five (45)-days of receipt of the County's bills. 7. Developer. or its successors or assigns, shall indemnify and hold harmless the County hereunder, from any loss or damages the County may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses,: or judgments, including attorney's fees and .costs: of litigation, against therri arising out of Developer's., its successors or - assign& , use of Collrer:`Boulevard,.(S.R 951)' for the Purposes set forth in this Agmement. it SM2 -ATIACNVENT ND. PAGE ' DF Packet Page -1614- Uj 11/13/2012 Item 16.A.16. 8• 'The County, agrees to give Developer written notice:;af any cleans filed against the Cotmiy: in connection with this Agreement within thirty (30) days of the date that the County is aware of such claim. 9. Prior to commencing the installation of the Improvements, Developer shall obtain a right -of -way permit from the County, which shall address,: among other things, the tinning of the- work, maintenance of traffic :flow ciuriIIg construction, and the perausstble lane closures, if any, during the time.that work is to be performed i 10. This Agreement I t shall remain . in full force and d1fect `from the, date it is recorded in the public Records of Collier County, Florida, and until the earliest to occur of either (i) .the, County. or State implements any plan that: modafies Collier Boulevard issue951.) or (ii) the Coun y determines that the Improvements cause a safety or capacity issue. .11. in the event ,the patties hereto shall institute le connection with, proceedings in th or for the enforcement of this .Agreement, file Prevailing:party :shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trail and appellate: levels. 12. This Agreement shall be effective, upon recording in the Public Records of Collier County, Florida, and the :bcnefits and burdens established hereby shall insure to and be the obligation of the parties audi.their respective heirs, successors or assigns. The parties !expressly acknowledge and agree that Developer.may.assign- all,of its rights and obligations under :this Agreement to the U=mocec Bay Owners Association, .Inc. (the "Association', Which. Developer intends to in as a Florida. not= for - profit corporation. Upon written notice to the County at the address set forth .above that such assignment has occurred, the Association shall assumc: and Developer shall be released fimn, all of Developer's tight. title, interest, duties, this Agreement responsibilities and dbligstions ender 13. This Agreement constitutes the entire understanding between the parties and any previous ag�ements, whether written or oral, are superseded by this Agreement. 14. This Agreement may only be amended b written p��, Y agreement of all of the 25. Provided the installation of t3e fMProveatents has :not commenced, the County may terminate this Agreement at! any time by giving Developer, or its successors or assigns, sixty (60) days writteat notice. 16, This- Agreement shall be governed in accorda of Florida nce -with the laws -of the State kgaN► -- 51,oruuanttsap� eemait431 _ itrisro� ATTACHMENT No. L „_ -3 O_ Packet Page -1615- 11 /13/2012 Item 16.A.16. ' r'. WC1COIMMUNITIES, INC., a Delaware Pali Name:_1= By- Print "- Christopher J. Hanlon Taiue:4S •S Vice President COUNTY OF LEE STATE 'OF FLORIDA The foregoing ant was aclmowledged . before me this �, rn C� day of 2002, by .Christopher J. Hanlon; as Vice President of:WC1 Communities, Inc., a Delaware corporation, on behhatf of the corporation, who is personally known to me. Public `��u'°s msco,tea ntName: MY Commission Expires: 't 'StOZ o Shom\bwdwApa agrtCrT=t951 AT}ACHMENJ NO. f E Packet Page -1616- • • 11/13/2012 Item 16.A.16. F-KELIMT RFC IT aF WaV rrzr�i7ND9 h dFt�• � 41J� SPR r"tTIIC TT�r?c Thsse specifications am ' intended m provide the tics �y which its of Collier County relative to P r entities may tmdetstend the tainimum be kept and mane "available to the Gotm 's ri g ��,� of- -ways. Records of:&R:apeeificaation n4 - sha31 rY tentative trpua:request A.. N�Q W.t]YG AND EIIGIN , _ - �Mowing and .edging shall. include. ` • . . znedip= u waII as those areas, if Busting, along tine oatside.ed6 of'tbe sidewaam of Pr'oper'ties. A31 t mf sh&n be mowed with mulching type mower tE, need to mould begging be nxessary, the bagged chPP� eshall be collected and removed at no$ � sport grass chppm., cut at a height of three and one half inches (3 !,�*}, additional cost Curia shall be I cy of cutring wilj:.be y or fty two (52) t b3= Mechanical td8h3g. (If t w turf shall be bane adt oath F ids, utility eesrice bores, sire-.t ' along ilk side9vali�: °t?d� irack'of Metal blade bane=; tit ; CUs; .. u. ant pe�j g si ,,tw= ped�jsr Posts aid trem. Mechanical ax.- ts2`biade �� 12 bed aril u� r �.��Q0 iriation sbaL b-- = anti'remove3le en the is °� � of curbiD& G=m root maces a}?strms . ax�x i tea tbe.x dcbcd P-r as �. Vriakkr Tsoacis, ve bozos; SbrUbk 8 -also be mzuired In all turf areas anxmd isozued or . a az areas rtsult ng l am • � M, grhartt: AMY - A}l deb%b. oa sow, wai . gm� shal3 be am©roved No iaetbioide shag lie used fo.r edges AJI Wdowal> -, curbing sadlor gutters sbaii be cleaned after each service, A]i. . fhP* ar: othw debris shall be.blown or allowed to be stdewailca shall be blown clear, but no of -way areas. deposited on other s =ant property or accumoltte an right- Weeding ofpin=bmct%sidawaMs (aphajt, c=crcttyor, av� areas by ChemicAl and/or band removal will be P }' bases, and � jig as well as other mnlchzd mined area. ? weekly or as necessary to Provide a weed free and wen -moM M , G'ieaeral site pnxMing Shan be &Xmed as the pruning of any plea't's foliage below a ten. foot (10')1_ eL �<ll grouodct►vtss >.aau6s, caaauspy�_:.� 'or as as aeeda3 Palma up te:a ten fflot (l0'} level, slreli b .inspected atidpnrsied alt a weekly so to p� az rewired cw i od e oz fo*m as de_t 'wed by.Efltrty's fights for visibility, �icuiar taovemcnt purposes and y .�s�tive. Ftuaiitg shall, include removal ofwater sprouts; sic eery d an drat ad iu i$ge or branches. ='gig tic first weep ei O=bcr '04. 4 n , om 97-4ss s:atb.a p71=rd a P az�l � sr such as Fonnte n 8taaa,'ridrica C:aroa or:Fa�-ahat ee Flat. Cr.,.aruet,ntl yoc €rasps such ^ ro: tva7ae .. (,1,2') or Tw+zury -fottr ach (24 "; height "based n ;he wit Evergreen ziatrt' type of .prov zl af' a cG inly's.rcFresan�2 re , shall .only be primed as the direction and 'ins: gal oreh a zanopy 01er pedeslsian e-< silt `' .. shall be "weedy n cz Sn- ,at,s:=d groundcowus irred st a n� b� of one hundred f-cm the edge of the p accnt t reatbwa load that iii shall, be prtmed:to" maintain one foot =Iinzatned se" that �:cy c[II_ id tLT a .''h err w._•. ),cent