Agenda 10/12/2010 Item #16K 2
:'o,genda item )')0. 'I SK2
':J:tober'12,2010
Pa;;e 1 of 19
EXECUTIVE SUMMARY
Recommendation to Approve a Settlement Agreement and Release in the lawsuit styled
Collier County, Florida v. IYaterways o.lNaples Homeowllers Associatioll, [IIC., et ai, Case No.
07-4112-CA (Oil Well Road Project 6(044). (Fiscal Impact $281,622.(0) (Companion to
item 16KI]
OBJECTIVE: That the Board approve the attached Settlement Agreement and Release to
mitigate the impacts of Oil Well Road on the Waterways development in accordance with the
Board's direction on December 15, 2009, Item I DB.
CONSIDERATIONS: On April 12, 2006, Waterways ofNap]cs Homeowners Association, Inc.
and Collier County entered into an agrecment whereby Waterways conveyed a IS-foot road
easement and a 10-filOt slope and utility cascment for a total of 25 feet along its frontage on Oil
Well Road. The road casement and slope and utility easement were within a 35-foot platted
landscape buffer easement. In exchange, the County agreed to construct a median with a left
turn lane from Oil Well Road onto 'v1ystic River Drive during the 4-laning of Oil WeIJ Road and
to maintain such direction a] median opcning unless it creates signiJlcant opcrational or safety
concerns related to stacking from the signal at Immokalee Road. Although Waterways
understood that the conveyance would leave thcm with an unencumbered 10- loot ]andseape
buffer easement and were provided infi,1rmat ion at the outset on the impacts to their landscape
berm, Waterways later contended that thcy did not fully comprehend the effects of the road
project on the Waterways development. The County's road project eliminated the beml and
required removal of aIJ of the landscaping in the landscape bufTer along Oil Well Road. On
December IS, 2009, Item I DB, representatives of Waterways asked the Board it)r financial
assistance in minimizing the impacts of the road on the Waterways development. The Board
directed staff to go to mediation "to work with the community to address the needs of the
community relative to the Oil Well Road project and its impacts on the cOl11munity." Some
members of the Board were supportive oj' paying Waterways Jl)r a privacy wall to replace the
benn and to landscape the wall. Prior to mediation, the County estimated the cost of an 8-J()ot
wall and ]andseaping at $237, j94.00. Waterways' estimate was $322,672.12, excluding design,
engineering, pell11iUing costs and attorney's iCes and expert fees.
To assist the Board, bei()re and after pictures arc attached.
On April 20, 2010, the parties mediated the case and agreed to a settlement conditioncd upon the
drafting of the tenns of the Sdtlcmcnt AIlrccrHcnt. 'T'hc primary kTinS of the Settlement
Agreement and Release arc as Jt)lIows:
I. The County sball pay to Waterways the sum oj' $281 ,622.00 I()]' the construction
ofa privacy wall and replacement landscaping al<mg the Waterways project adjacent to Oil Well
Road.
2. The County agrees that in accordance with Sections 9.03.07 oj' the LDe, tbat the
-, remaining lO-foot landscape butfer is a legally conJlmning landscape hutTer under the LDC and
that in the event of damage or destruction of the Waterways project due to a hurricane or natural
disaster, the landscape buffer will only he required to he replaced up to 10 J'cet.
1 of 3
!l.;;rn r'.Jo. '3f2
~'c,c,'" '2 2C;iJ
2 ::)119
3. Waterways will convey to the County a right-of-entry to allow the County to
build. compact and harmonize the slope ofa small herm, upon which Waterways will construct a
wall in the remaining ] 0 foot landscape huffer, The County agrees to sod that portion of the
Waterways property from the privacy \\all to the sidewalk, After installation, Waterways is
responsible for maintenance of the sod and the wall, irrigation and all landscaping installed hy
Waterways.
4. The parties agree that the stacking distance of 70 feet between the gate and the Oil
Well Road through-lanes at the Mystic Drive entrance complies with the County Ordinance
requirements.
5, The County agrees that an 8-foot privacy wall to be constructed by Waterways
adjacent to Oil Well Road along the project' s frontage, shall be treated as a sound wall
constructed at the direction of the County and is exempt from the 6-foot wall requirement in
accordance with Section 5'()3.02.I.I.a. of the LDC.
6. The County agrees that in accordance with Section 9.()3,07 of the LDC, the
landscape buffer along Oil Well Road shall be ailowed to have palm trees at the rate of 70% of
the required canopy tree plant ings. at the canopy equivalent of three sable palms to one canopy
tree. The Board approves these p]antings to match the palm tree coverage of 60% which existed
hefore the County's expansion of Oil Well Road and to maintain an adequate distance between
the water and sewer lines and the root system of a large canopy tree. Because ofthe proximity of
the trees to public water and sewer facilities and the fPL power lines, the remaining 30'!" of the
tree plantings shall not be large canopy trees, but shall consist of medium to small trees, as set
1,1I1h on the Collier County Native Plant list.
7. The County herehy "grees to allow Waterways (and its employees. contractors or
agents) to install and maintain ilTigation lines in the County's right-ol~way along Oil Well Road
upon approval of a right-l,f-way pel1nit to provide ilTigation to the plants and sod between the
sidewalk and the privacy wall to be constructed on Waterways' property. The County fUliher
agrees to issue al] necessary pe1111its for ,;uch installation and maintenance ofthc irrigation lines
aileI' a complete and sunicient application and fec li,r thc pennits is Ii]ed with the County.
~. Pursuant to Seclion 4,()(,,(12.C of the LDC, Walerways may install the required
hedge on the road right-of~way side of the wall and install only palm trees along with the hedge
provided the root system of the trees docs not intcrCere or impede in any way the function of the
underground utilities whcther public or private located in the casements acquired by the County
by the 2006 convcyance~; or the 2007 a~tion. Further, the County agrees thut in accordance with
Section 9.03.07 of the LDC, that the WatcrwaV's landscape plan along Oil Well Road is not
required to meet Section 4'()6.05 D. 3. related to rcquired trce species mix,
9. The County agrces that \Vaterways is not required to install an approved root
harrier system pursuant to Section 4,06.05.H.2.a of the LDC for p]antings along the wa]1. since
no large canopy trees will be planted closer than] 0 feet to a sidewalk or underground utilities.
10. Waterways will work with the property owners in Lots 6. 7. 13. 14, ] 5. 19, 20 and
21 and request a letter of no objection to the construction of the ,-f"ot privacy wall.
2 of 3
t;;::;rn ~,jT 'I SV2
C'";~:jt~,'::::r 12, ;_C'j:)
~~; of 9
FISCAL IMPACT: Funds in the amount of $28] .622.00 will comc from the Transportation
Supported Gas Tax Fund. Source of funds arc Gas Taxes.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TION: That the Board of County Commissioners approve the Settlement
Agreement and Release and authorize payment of the funds as stated.
PREPARED BY: Heidi Ashlon-Cicko. Assistant County Attorney
07-4112-CA/3224
<."."
3 of 3
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMM!SSI~NERS
1 Gi<2
Itsrn \!(), '] Sf<2
'2.2010
.4 of 19
Recommendation to Approve a Settlement Agreeme:lt and Reiease in the lawsuit styled
Collier Cou,Hy, Florida v, Waterways of Napies Horn-:::owners ,L,sso::iatlon Inc. et aL Case
r~o. 07 -4112-CA (Oil VJelt Road Proj~,,;ct 600.1.4) (Fis:al :nlpact S~E:1 ,622) [Companion to item
15K1]
10/12/2010 9:00:ClO ArA
Prepared By
HE'idi F, Ashton
'" - .._~- ...,. ,
'-'VU;I~i' f'oclV:fley
Sc::tion:hief/Land Use-TransportCition
Date
Cuunty A~lomey
9t30120iO i(::[;;2:18 A,j',fi
Approved By
Lisa Taj'lor
T:-Zi~spor.:at!on Division
ManagemenUSuci[le~ Anaiyst
Date
1;~;nspor:2tlar Administ:-i'ltion
9;30/20iO ~1 18 AM
Approved By
IJZjch Ahmad
:ransp::-~atior; :Jivision
Dirc::tor - Transpc,r,ation =ng(~etmng
DGte
Transpor:ati:m :::n9imie'-inr: &.
COrlstrlJ:'liol~ Mr~:-i8;:,em0;,~
S,'3C.'2C1D ~ 1 :2S AM
Approved By
',Cv'ir: '4~,,-, :::~i:::-L:;;
, "::;"',3;:;::~::'./T :ii' for;
r,';~?;';;-'Q;" , ,.:, ';n: of ',', i'~'
::2\C
~C:"', '-',', ,,,-,, :H ~r'~l':!!o::~:1",; [,.
...., 'I'
,~ ,...I\'
~ (" ."..,,;;: ~,. : .~ ~ "
,e;",,;";',
Approved By
;:-;. ""a:::::K(,W
.4t::c:
App.-oved By
':!C'-'t:' :~:: !.,J'Ii';
::::f1',:;: :.,:)
,~H~;,:
:-;ff;:.~;
Approved By
~ :c t1 i -:'\'
-,r:~,::'?: C,;
.",.'c:,'-"
::'~,:.: ;~c:
Appruved By
L':;: "k !Z,z.::.I-;S::::'-,
:>f-fi:;-.e c/ ["i.al1eS::: >2nl &,
:::::,'::;;c;!
:':::-,tr-.
'CO"~,,>
J'.:. '2:'" J f':.:;S t,;t
L ~ ,(;;.~
:..'".l'C
1>.0'; ';;;~<lS ~-,e,: [;. 2uj 'c:
';(h
':e E
OS ?M
L',c,r .,., ,msn~ 5uj0e~ f. ,,;< ,,' ~)sn:8'
;,..';.,:e
(,Xk:s of r,';3~,2~'; 'i en: :;; =-,i:::-::'~'
CL'S,'2C~C ::C'~' ;.:.,f/
..,.;;; !;',;;-.::n r'-!o. i 51<2
~::;lCi S'r ~2, 2c-l 0
5 'Jf 19
SETTLEME1\T AGREEMENT AND RELEASE
This Settlement Agreement and Release (referred to hereinafter as the "Agreement and
Release"') is made and entered into this _ day of
, 20 I 0, by and bet ween the
Board of County Commissioners of Collier County, Florida, (hereinafter the "County") and
Waterways of Naples Homeowners Association, Inc., a Florida corporation (hereinafter
"Waterways").
WITNESSETH
WHEREAS, the County and Waterways entered into an agreement dated April 12,2006
where the County agreed to construct a left turn lane into the Waterways project from Oil Well
Road and Waterways agreed to donate to the County certain easements; and
WHEREAS, in accordance with said agreement, Waterways convcyed to the County a
road right-of-way drainage and utility easement which was recorded in OR Book 4017, Page
1527 of the Public Records of Collier County and a slope and utility easement which was
recorded in OR Book 4017. Page 1523 of the Public Records of Collier County (hereinafter
"2006 conveyances"); and
WHEREAS, on or about Novemher 2, 2007, Collier County filed suit against Waterways
by Case No. 07-4112-CA to acquire addItional easements necessary for the wnstruction of the 4-
laning of Oil Well Road (hereinafter "2007 action"); and
WHEREAS, Waterways has alleged various claims against Collier County including
inverse condemnation, trespflS~ and mistake of fact relating to t.~e 2006 conveyances nnd 20D7
action; 3.nd
WHEREAS, the County and Waterways, without admitting any liability or fault by either
of them, now seek to resolve the disputes because hOlh the County and Watcrways recognize the
costs and uncenainties of litigating these disputes; and
V/alerways
Rev. 4/26/10
Pag~ 1 of 8
item No. 16~<2
OcLber ~ 2, 2010
P?:i~jE- G of 19
WHEREAS, the County and Waterways intend through this Agreement and Release to
resolve any and all claims that have been asserted or that could have been asserted by either the
County or Waterways up to and through the date of this Agreement and Release.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
considerations set forth in this Agreement and Release, the sufficiency of which is hereby
acknowledged, and with the intent to be legally bound, the County and Waterways mutually
agree to the following:
I The County and Waterways agree to adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas clauses" by reference into this Agreement and Release.
2. Within 30 days of approval of this Agreement by the County, the County shall
pay to Waterways the sum of $281,622 for the construction of a privacy wall and replacement
landscaping along the Waterways project adjacent to Oil Well Road. After the privacy wall and
landscaping is installed, any remaining funds may be used for expert fees, attorney fees and
costs.
3. This agreement was approved by the Board of the Waterways of Naples
Homeowners Association, Inc. on September 28, 20 10.
4. This agreement is subject to approval of the Board of County Commissioners
which approval must occur no later than 60 days from the date of approval by Waterways set
forth in Paragraph 3 or this Agreement and Release shall be null and void.
5. Waterways agrees to convey to the County a right of entry over the north 10 feet
of Waterways' 35-foot platted landscape buffer easement over Tracts C, E, E-l and Tract B
which will allow the County and its contractor entry to the property of Waterways to build,
compact and hannonize the slope of a berm, upon which Waterways will construct an 8-foot
sound wall, consistent with the instructions of Waterways. Those instructions are as follows:
Vlarerways
Rev.4/26/l0
Page 2 of 8
:~S'T! f,],J. ':;~<2
C.J ~1:'::,~)er A!::2 2CJ"10
I' 8:. #[:1
a. The County will grade and compact soil material from existing ground level
which is 19.5' to create a berm, the top of which is at 21' elevation;
b. The flat top of the berm area will be 5' wide to accommodate the construction by
Waterways of the wall foundations;
c. The compaction of the berm should be similar to road subgrade;
d. Tbe slope of the berm on tbe north (Waterways) side will not exceed 3:1. The
County intends to build the berm with a 3:1 slope on the south (right-of-way) side of the berm,
and will use its best efforts to construct that side of the berm with a slope not to exceed 3: I
e. The berm slopes will be sodded to prevent erosion and, notwithstanding the Slope
Table found at Section 4'()6.05.J of the Collier County LOC, the County specifically approves
Waterways to install sod on the north (Waterways) side of the berm slope.
The County shall prepare the necessary documents for such conveyance and shall bear all costs
for the recordation, if any, of such conveyance documents. The County agrees to sod with Bahia
sod that portion of the Waterways property from the privacy wall to the sidewalk. After
installation, Waterways is responsible for maintenance of the sod and the wall, irrigation and all
landscaping installed by Waterways.
6. The County agrees that in accordance with Section 9.03.07 of the LOC, that the
remaining lO-foot landscape buffer is a legally non-conforming landscape buffer under the LOC
and that in the event of damage or destruction of the \\.'atem'ays project due to a hurricane or
natural disaster, or for any future permit or develc)pment order application, the landscape buffer
will only be required to be replaced up to 10 feet.
7. The parties agree that the stacking distance "f 70 feet complies with the County
Ordinance requirements. In the event of damage or destruction of the Waterways project due to
hurricane or natural disaster, the stacking distance from Oil Well Road will only be required to
\Vaterways
Rev. 4/26/1 0
Page 3 of 8
1Lern No. i 6K2
October 12, 2(J 1 0
Pa;)::: 8 of 19
be replaced to 70 feet. The throat length was approved by the Transponation Administrator in
accordance with Section IILC.6.c(3) of Ordinance 2009-19, since the throat length was a pre-
existing condition which was reduced by the 2006 conveyances and the reduced throat length
does not jeopardize the health, safety and welfare of the traveling public. Pursuant to the
County's ROW Pennitting and Inspection Handbook [Section IILC.6.c(3)), the Transponation
Administrator or his designee has the authority to modify the turn around requirement. The
County's Transponation Administrator recognizes that in the pre-acquisition condition, no turn
around was provided or required at the time Waterways was developed, and is therefore,
recognized as a legal non-conforming situation. The Transponation Administrator hereby
approves that no turn around or compliance with throat length shall be required for the Oil Well
Road entrance for any future permit or development order applications by the Waterways HOA.
8. The County agrees that an 8-foot privacy wall to be constructed by Waterways
adjacent to Oil Well Road along the project's frontage, shall be treated as a sound wall
constructed at the direction of the County and is exempt from the 6-foot wall requirement in
accordance with Section 5.03.02.1. I .a. of the LDC.
9. The County hereby approves a non-undulating wall adjacent to Oil Well Road
along the project's frontage. Waterways may install a straight line wall with straight line
plantings.
10. W"terways agrees that the slope and utilities easement conveyed to the County on
April 7, 2006 as recorded in OR Book 4017, Page 1523 and the slope and utility easements
obtained by Order of Taking on January 9, 2008 includes the right of the County to permit the
water and sewer pipes and other improvements of Orange Tree Utility Company, its successors
and assigns, within its easements.
"V\! aterways
Rev. 4/26/1 0
Page 4 of 8
:1(0:;'1"1 ~',!o . C'f:2
~::;;::'~J~=or 12, ~'~(;10
S~ ()] l:j
11. The County hereby acknowledges and confirms in writing that the fce simple
acquisition (2006 conveyance) and the fee simple taking (2007 action) do not trigger a PUD
substantial change amendment.
12. The County agrees that in accordance with Section 9.03.07 of the LDC, the
landscape buffer along Oil Well Road shall be allowed to have palm trees at the rate of 70% of
the required canopy tree plantings, at the canopy equivalent of three sable palms to one canopy
tree. The Board approves these plantings to match the palm tree coverage of 60% which existed
before the County's expansion of Oil Well Road. Because of the proximity of the trees to public
water and sewer facilities and the FPL power lines, the remaining 30% of the tree plantings shall
not be large canopy trees. but shall consist of medium to small trees, as set forth on the Collier
County Native Plant list attached and incorporated herein as Exhibit "I".
13. The County hereby agrees to allow Waterways (and its employees, contractors or
agents) to install and maintain irrigation lines in the County's right-of-way along Oil WelI Road
upon approval of a right-of-way permit to provide irrigation to thc plants and sod bctween the
sidewalk and the privacy wall to be constructed on Waterways' property. The County further
agrees to issue all necessary permits for such installation and maintenance of the irrigation lines
after a complete and sufficient application for the permits is filed with the County.
14. Pursuant to Section 4.06.02.C of the LDC. Waterways may install the required
hedge on the road right-of-way side of the wall and install only palm trees on the road right-of-
way side of the wall in lieu of the required trees pursuant to 4.06.02.CA.c. along with the hedge
provided the root system of the trees does not interfere or impede in any way the function of the
underground utilities whether public or private located in the easements acquired by the County
by the 2006 conveyances or the 2007 action. Further. the County agrees that in accordance with
Vv'mcrways
Rev. 4/26/1 0
P;J.ge 5 of 8
!>afTi ~'Jo, fY2
~)=:::-her i 2 2(\": 0
/1 C uf ': ~,l
Section 9.03.07 of the LDC, that the Waterways landscape plan along Oil Well Road is not
required to meet Section 4.06.05 D. 3. related to required tree species mix.
15. The County agrees that Waterways is not required to install an approved root
barrier system pursuant to Section 4.06.05.H.2.a of the LDC for plantings along the wall, since
no large canopy trees will be planted closer than 10 feet to a sidewalk or underground utilities.
]6. Waterways will work with the property owners in Lots 6, 7,13,14,15,19,20 and
21 and request a letter of no objection to the construction of the 8-foot privacy wa]1. The letter of
no objection shall be in such form as prepared by the County and agreed to by Waterways.
Waterways shall forward to the County copies of all letters of no objection within 14 days of
receiving such letter.
17. Waterways agrees to use the money paid by the County in accordance with this
Agreement to build a privacy wall and provide a screening effect from Oil Well Road after
talking with and considering (without being bound by) the desires of the property owners of Lots
6,7,13,14,15,19,20 and 21.
18. There is no further compensation to be paid by the County including additional
attorney fees, ex pert fees or costs.
19. Waterways agrees that this settles an claims of Waterways of any nature that it
may have against the County in connection with the 2006 conveyances and the construction of
the 4-laning of Oil Well Road, except that it is subject to approval of the Mediated Settlement
Agreement for Parcels 100FEE. I OOS CE, I OJ FEE and 10] SeE in the 2007 action.
20. Except for any claim to enforce the terms and conditions of this Agreement and
Release, Waterways shall and hereby does fully and finally and unconditionally release, acquit,
remise, satisfy and forever discharge the County, its eJected ofticials, officers, employees, former
employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and
Waterways
Rev. 4/26/1 0
Page 6 of 8
_:;e~~':(:, tL:r~l :<!O ':;f~2
::r ! 2, 1r,;~ 0
1 of 19
assigns from any and all matter of action or actions, cause or causes of action, suits, debts, dues,
sums of money, accounts, reckonings, covenants, charges, damages, obligations, liabilities,
contracts, promises, judgments, executions, claims, complaints, legal or equitable, whether
known or unknown, which Waterways has asserted or could have asserted against the County
relating to or arising from lhe 2006 conveyances and the 2007 action.
21. For its part, the County shall and hereby does fully and finally and
unconditionally release, acquit, remise, satisfy and forever discharge Waterways from any claim,
cause or causes of action relating or referring in any way to the 2006 conveyances.
22. This Agreement and Release shall be governed by the laws of the State of Florida.
23. This Agreement and Release may be amended only by a written instrument
specifically referring to this Agreement and Release and executed with the same formalities as
this Agreement and Release.
24. This Agreement and Release is freely and voluntarily executed by the County and
Waterways after they have been apprised of all relevant information concerning this Agreement
and Release and afler they have received advice of their respective counsel. In executing this
Agreement and Release, the County and Waterways do not rely on any inducements, promises,
or representations other than the promises or representations set forth in this Agreement and
Release.
25. The effective date of this Agreement and Release shall be the date upon which it
is approved by the Board of County Commissioners of Collier County, Florida.
Vv'aterwClYS
Rev. 4/26/10
Page 7 of S
item No, ':CK2
Octc-:;er :2, 2010
Pa;jE; 12 of:9
IN WITNESS WHEREOF. the County and Waterways have executed this Agreement
and Release as evidenced in the following signature blocks:
A TrEST:
DWIGHT E. BROCK. CLERK
BOARD OF COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
BY:
BY:
FRED W. COYLE, Chairman
, Deputy Clerk
~~L
Signature
<7:c1#16 {J /J-l,t! hdlll
P~"7 ...-:",...?
/~~~~
Signature
;fc, J..;:oj C ~ r2r,o
Prim Name
WATERWAYSOFN~I~MEOWNERS
ASSOCIATION,lNe.
By,:/2tJftd~
--
ITS: t/;:? ('.R k 67r'!tc51'Ju/./n
Approved "" to legal fonn
and sufficiency:
\..!d~
Heidi Ashton-Cicko
Assistant County Attorney
CP\Q7-4112\J221
^C11VP.: WOI 'Afl3~ :]lon~2_1
WlIIIO
Waterways
Rev, 4126110
Page 8 of 8
',:~-.';'l !';o. .:)1<2
:~'>2r i 2 :?C'1 0
',381 ,9
Collier County Native Plant List
1'lant ILoastlirEone 11\'110 Lone Dlano Lone
Trees-l ame
Bald Cypress ( Taxodium disticuum) X X X
Fiddlewood (Citarexylurn fruitcosum) X X
Gumbo limbo (Bursera simaruba) X
Hackbcrrv (Celtis laevigata) X X X
Jarnaica Dogwood (Piscidia piscipula) X
LaUrel Oak (Quercus laurifolial X X X
Live Oak (Quercus virldnianna) X X X
Mahol!aIlv (Swietenia maholl:onil X X
Mastic (Mastichodendron foetidissimum) X X
Native Fi" (Ficus aurea) X
Paradise tree (Simarouba glauca) X
Red Maple (Acer rub rum) X X X
Roval Palm (Roystonea elata) X X
Seal!Talle (Coccoloba uvifera) X X
Slash Pine (Pinus elliottii) X X X
Sweet Gum (Liquidambar styraciflua) X X X
Sycamore (Platanue occidentalis) X X X
West Indian Laurelcherrv (Prunus mvrtifolia) X
Wild Tamarind (Lysiloma latisiliquum) I X X
Willow Bustic (DiphoIis salicifolia) X X
Wingleaf Soaoberrv (Saoindus saoonaria) X X
Trees- Medium to Small
Black Ironwood (Kru!l;iodendron felreum) X X
Blolly (Guapira discolor) X
Cabbage Palm (Sabal Palmetto) · X X X
Dahoon Holly (Hex cassine) X X X
East Palatka lIoljy ( Ilex attenuata) X X X
Florida Elm (Ulmus americana) X X X
Geiger Tree (Cordia sebestena) X
Magnolia (Magnolia grandiflora) I X X X
Milkbark (Drypetes diversifolia) X
Pi"eon Plum (Coccoloba diversifolial I X
, Satin Leaf (Chrvsoohvllurn olivifonne) X
Scrub Hickorv (Carya floridana) X X X
Scrub Live Oak (Quercus geminata) X X X
Simpson Stooper (Myrcianthes fraw-ans) X X X
Soldierwood (Colubrina elliPtica) X
IShurbs'- Laree ( 'E' Huffers)
Bahama SlY;Ongback (Bourreria ovata) X
Black Ironwood (Kru!l;iodendron ferreum) X X
~
r
t
I
,
.
I
I
,
t
-:c
CY~1,bi l-
I Dt 3>
'.
I~::;m [\io. i 131<2
OCtcb3C 12, 2010
P2;ie14of~9
Buttonwood (Conocarpus erectus) X
Catclaw (Pithecellobium unguis-cati) X X
Cinnamon Bark (Canella winterana) X
Crabwood (Ateramnus lucidus) X X
Darling Plum (Reynosia septcntriolalis) X
Florida Pivet (Forestiera segregata) X X ?
Golden Dewdrop (Duranta reoens) X X
Jamaica Caper (CaoDlU'is cynophalloohora) X X
Maiden Bush (Savia bahamenis) X
Myrsine (Myrsine tloridana) X X ?
Pigeon Plwn (Coccoloba diversifolia) X
Paurotis Palm (Acoelorrhaphe wrightii) X X
Red Berry Stopper (Eugenia confusa) X
Seagrape (Coccoloba uvifera) X X
Wild Lime (Zanthoxylum tagara) X X
Simpson StoPDer (Myrcianthes fragrans) X X X
Spicewood (CalVPtranthes spP.) X
Walters Viburnum (Viburnum ohovatum) X X X
Wax Myrtle (Myrica cerifera) .. X X X
Yellow Elder (Tecoma stans) X X ?
Shrubs- Medium to Small .
Bay Ceder (SOOana maritime) X
Blackbead (Pithecellobium guadaupense) X
Coco Plum (ChrySobalanus icaco) X
Cordia (Cordia globosa) X
Firebush (Hamelia patens) X X
Florida Pi vet (Forestiera segregata) X X ?
Golden Dewdrop (Duranta repens) X X
Jamaica Capel' (Caoparis cynophallophora) X X
Leather Fern (Acrosticharn danaeaefoliwn) X X
Maiden Bush (Savia hahamenis) X
Mvrsine (Mvrsine tloridana) X X ?
Necklace Pod (Soohora tomentosa) X
Saw Palmetto (Serenoa reoens) X X X
Sea Oxeye Daisy (Borrichia trotescens) X
Seven Year Apple (Casasia clusiitolia) X
Silver Saw Palmetto (Serenoa reoens 'Cinerea') X X X
Spicewood (Calyptranthes spp.) X ,
While Indigo Berry (Randia aculeate) X X
Wild Coffee (Psychotria nervosa) X
!
· Cabbage palms must be used in groupings of 3 to count towards a single canopy tree.
Palms can only be used for up to 30% of the required number of canopy trees.
.. Not a good buffer shrub - becomes leggy over time.
I
f
i
[-,:1.,16'+ r
7~ ot 3>
--- ,:.:~'"~;;;;'..;~,:;~~'""
'\('.
:,;:,'')
~>:;;:i!':;' ;], ~,: 'J
C,,)f C\
Plant Material Cold Tolerance Map
BC>>lITA BEACH RD
legend
cz
IZ
MZ
cBffler County
~
: IS.- .....
:;; $'
~
\!.~ N
""'"
IMMOKAl FE' RD
~
.
.
.
o
<
~
~
z
~
,
~Iw.w
IT BEACH RD
.. ~ " .
. 10 g ~ .
.. .
~ is !l'
I-' g PINE ~I E
Go:Jl OFN G.\TE IlVO W
\'
(,
\,
.
~
.
5
.
~
I;
"
. "
~ 0
~
"'0
'"
,
,-
\
\
"
\,
\
cold tal.mxd
[~h,bl~ r
3 o.! 3
I
.
":~;'
'\':'-',
. ~~.
l~.__.r i' l'
....l ':1
, "
.' '
_ I':::c.;rn ,f",,] ^
'. . ,'J~<2
Lr::;~()b8r 1)' ~)rl" n
n '~, ~-' I\..
r- C1';J8 'Ip,-Gf 19
,
J,:....
~,,:i
" I :E'
"i!,~';.':
"r' .
,.
H
"
::~~''''i r'~':1. C.k.2
c;!,''.2r 12, 2~)"j:J
F'C:jeI7or:9
,11 \
.....'
~ :
,.
,.
.<
::\-'--'
;:':''',_.._'--
',>>i;:;::..
,. to>)
,
'\1\, ',/,
l'l.~' '~.
"1~ '
"~\
;i>
r"},
;'1-{i',
'~"~'"
I. ,-
I,',","" .,'t
;,!-:;.,:I,
":t' "
,
,....,gen,ja item r\!o
O,:;tober 12.
Pag~ '18
',5\<.2
2010
of 19
"
"
,',
I '~';.'
\
I,,,
';1
~,
,
'r,;, I
,I]"
,,~.
H ~' "
".~ii"'"
II. "~,, t
ej"
I,' <
~A,
i"
" ""r " ~ '.1'
f
',i,"I'
I'
,
t,
"
,
i
U
'I,
',1,1
("
"
"
~'
1,1'
j,~, "'~
. '/1
"
"
v
.~~ ',~\Ji\
'.,~
"
,
,
"\,
,"
1<"1
..""
1,1,,'
,,!,,',>
:F~~~;~ ~~!:~