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Backup Documents 02/26/2013 Item #16A 9
j ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorne OM at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #2, complete the checklist, and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. appropriate. (Initial ) Applicable) 2. 2/26/13 Agenda Item Number 16 -A -9 3. County Attorney Office County Attorney Office Bp_ �p 4f5tY3 4 /tt�i3 4. BCC Office Board of County Commissioners G lk S Z 5. Minutes and Records Clerk of Court's Office Documents Attached L( /( /(3 3 :45iom PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for a4ditional or missing information. Name of Primary Staff Pamela Lulic , Growth Management Phone Number 252 -6291 Contact / Department appropriate. (Initial ) Applicable) Agenda Date Item was 2/26/13 Agenda Item Number 16 -A -9 Approved by the BCC Wl -4fl EP See attached Type of Document esolution — Landscape Maintenance Number of Original .Qnevf each Attached Agreement (FDOT) — Landscape Documents Attached Jc aintenance Agreement (Naples Heritage) PO number or account n/a i.O LLh t FO Y 2 _� 10 1105- number if document is All handwritten strike - through and revisions have been initialed by the County Attorney's TM16 I1 EP to be recorded Office and all other parties except the BCC Chairman and the Clerk to the Board INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial ) Applicable) 1. Does the document require the chairman's original signature? EP 2. Does the document need to be sent to another agency for additional signatures? If yes, EP See attached provide the Contact Information (Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be EP signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's EP Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the EP document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's EP signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip EP should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2/26/13 and all changes made during the EP meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 A�P MEMORANDUM To: Minutes and Records From: Emily R. Pepin, Assistant County Attorney Cc: Pamela Lulich, Landscape Operations Manager; GMD Subject: BCC Meeting February 26, 2013, Item 16.A.9 The original documents for BCC Meeting 2/26/2013, Agenda Item 16.A.9 "Recommendation to approve and authorize the Chairman to sign (1) a Landscaping Installation and Highway Maintenance Agreement ( "Agreement ") with the Florida Department for Transportation (FDOT) for a landscape planting buffer along Davis Blvd.; (2) a Resolution evidencing that the Board has approved and authorized the Chairman to sign the Agreement; and (3) Collier County Landscape Maintenance Agreement between Collier County and Naples Heritage Golf and Country Club" are to be routed to the Florida Department of Transportation for signature after the Clerk's Attest and recording. Four of the five originals need to be mailed to the address listed below and one copy can be retained and returned to the County Attorney's Office, c/o Emily R. Pepin, for safekeeping. FDOT address: Michael C. Schulte, RLA Florida Department of Transportation District Landscape Architect 801 North Broadway Bartow, FL 33801 Please advise if there are additional costs to the routing of these documents. Thank you. 6011rity of Collier CLERK OF THE)CIR UIT COURT Dwight E. Brock COLLIER COUTgY CO10,jRTHOUSE Clerk of Courts 3315 TAMIAMI TRL E STE 102'; 1a P.O. BOX 413044 NAPLES, FLORIDA NAPLES, FLORIDA 34112 -5324 ,34101 -3044 April 15, 2013 Mr. Michael C. Schulte, RLA Florida Department of Transportation District Landscape Architect 801 North Broadway Bartow, FL 33801 Re: Landscape Maintenance Agreements Dear Mr. Schulte: MI Clerk of Courts Accountant Auditor Custodian of County Funds Transmitted herewith, are five (5) original Agreements and Resolutions that require additional signatures. Please return one of the sets to our office in the return envelope included. Thank you. Thank you. Very truly yours, DWIGHT E. BROCK, CLERK eresa Cannon, Deputy Clerk Enclosure (5) Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com "I 0 ONE FPi1D# 1954164-52-01 LANDSCAPE MAINTENANCE AND INSTALLATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY THIS Agreement, made and entered into this day of 2013, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter, "DEPARTMENT") and, COLLIER COUNTY (hereinafter, "AGENCY ") for the AGENCY to maintain, at the AGENCY'S expense, landscaping within the area specified below. 1. WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 84 as part of the State Highway System; and 2. WHEREAS, the DEPARTMENT seeks to install landscape development improvements within the unpaved areas within the right -of -way of State Road 84 E. of Santa Barbara to W. of Radio Rd, (hereinafter, "PROJECT") and the AGENCY has agreed to maintain the landscape after completion of the PROJECT at its expense; and 3. WHEREAS, the AGENCY, by Resolution No. d013 -q0, dated o2 (p' 13 and attached hereto as Exhibit A, attached hereto and incorporated into this Agreement, accepted this obligation and authorized its Chairman or Deisgnee to execute this Agreement on its behalf. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this Agreement, it has: a) Ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements was mailed on N /A, to the following utilities/municipalities: Utilities have been addressed In the roadway design plans. b) Complied with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. Outdoor advertising is specifically excluded from this Agreement in accordance with Fla. Stat. §479.11,. FPIDK195416 -452 -01 SR 84 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT Page 2 of 5 2. The AGENCY agrees to maintain the landscape improvements in accordance with the Technical Maintenance Plan included as Exhibit B attached hereto and by this reference made a part hereof. 3. The AGENCY agrees, at the AGENCY'S expense, to maintain the landscaping within the median and areas outside the travel way within the right of way pursuant to the Landscape Plan(s) included as Exhibit C, attached hereto and incorporated into this Agreement, and Rule 14- 40.003, Florida Administrative Code, as it may be amended from time to time. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the DEPARTMENT. The AGENCY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 4. All landscape installation and maintenance activities undertaken by AGENCY shall be pursuant to the Work Zone Traffic Control Plan(s) using the FDOT Standard Index 600, and incorporated into this Agreement, and Rule 14- 40.003, Florida Administrative Code. 5. The AGENCY may utilize its employees or third parties to accomplish its obligations under this Agreement. However, the AGENCY remains responsible for proper performance under this Agreement and shall take all steps necessary to ensure that its employees or third parties perform as required under this Agreement. 6. It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted by the DEPARTMENT at any time in the future as determined to be necessary by the DEPARTMENT in order to widen, alter or otherwise change the state road to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after which time the DEPARTMENT may remove the same. 7. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this PROJECT. If at any time after the AGENCY has assumed landscaping maintenance responsibility it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, the District Secretary or his designee may issue a written notice to the AGENCY that a deficiency or deficiencies exist(s). Upon receipt of the notice, the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: a) The DEPARTMENT may take action to maintain the landscaping or a part thereof, with DEPARTMENT or its Contractor's personnel and invoice the AGENCY for expenses incurred and the AGENCY shall promptly reimburse the DEPARTMENT for the costs, or b) The DEPARTMENT may terminate the Agreement, in which case the AGENCY shall at its own expense and within sixty (60) days after written notice by the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be removed and return the right -of -way to its original condition. 8. This Agreement shall take effect upon execution by both parties. i 16A FPID019S416 -4-941 SR 84 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT Page 3 of S 9. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to terminate this Agreement. Termination shall be done in writing giving the other party thirty (30) days notice. Upon notice of termination by either party, all landscape improvements shall be removed by the AGENCY and the DEPARTMENT'S right -of -way returned to its original condition. If, after thirty (30) days, the landscape improvements have not been removed, the DEPARTMENT may, at its option, proceed as follows: a) Maintain the landscape improvements within the limits of said project with DEPARTMENT'S contractor or personnel and the AGENCY shall promptly reimburse the DEPARTMENT upon receipt of an invoice for the reasonable values of such work; or b) Remove all landscape improvements, return the right -of -way to its original condition with the DEPARTMENT'S contractor or personnel and the AGENCY shall promptly reimburse the DEPARTMENT upon receipt of an invoice for the reasonable values of such work. 10. The AGENCY shall keep in force during the period of this Agreement public liability insurance, property damage insurance and worker's compensation insurance through an insurance policy(ics) or the AGENCY'S self insurance program. 11. When the DEPARTMENT receives a notice of claim for damages that may have been caused by the AGENCY in the performance of services pursuant to this Agreement, the DEPARTMENT will immediately forward the claim to AGENCY, and the DEPARTMENT will evaluate the claim and report their findings to each other within seven working days and will jointly discuss options in defending the claim. After reviewing the claim, the DEPARTMENT will determine whether to require the participation of the AGENCY in the defense of the claim or to require that the AGENCY defend the DEPARTMENT in such claim pursuant to this section. The DEPARTMENTS failure to notify the AGENCY of a claim shall not release the AGENCY from any of the requirements of this section. The DEPARTMENT and the AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs, but if the verdict determines that there is joint responsibility, the costs and liability for damages will be shared in the same percentage as that judicially established. 12. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 13. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 0 FPID#195416.4-52-01 SR 84 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT Pale 4 of S 15. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Mr. Michael Schulte District Landscape Architect 801 North Broadway (MS 1-49) Bartow, FL 33830 -1249 TO COLLIER COUNTY: Ms. Pamela Lulich, RLA Landscape Operations Manager Collier County Department of Alternative Transportation Modes Growth Management Division - Construction & Maintenance 2885 Horseshoe Drive South Naples, Florida 34104 Rest of this page intentionally left blank. FPID#195416 -4 -52-01 SR 84 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT Page S of S IN WITNESS WHEREOF, has caused this Agreement to be executed in its behalf, by the Chairman or its designee, as authorized by Resolution No. .113 —(4 ID and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee. This Agreement shall become effective on: ' CLERK = q 1 (Seal) DATE Attes't'as to Chairman's signature only. ATTEST COLLIER COUNTY OR DESIGNEE 6fora i a A. a 1 It,', 0-), acs /1 PRINT NAME DATE V —r Thai rw o m a-rl COLLIER COUNTY LEGAL REVIEW: BY: I ipPA-1 IA— DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EXECUTIVE SECRETARY (Seal) PRINT NAME DATE REVIEW & APPROVAL BY DISTRICT LANDSCAPE ARCHITECT DATE BY: DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE PRINT NAME DATE FLA. DEPT. OF TRANS. LEGAL REVIEW: BY: DATE rI! R RESOLUTION NO. 2013- 4 0 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING AND AUTHORIZING THE CHAIRWOMAN TO SIGN A HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE NAPLES HERITAGE GOLF AND COUNTRY CLUB RIGHT-OF-WAY BUFFER ON DAVIS BOULEVARD WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Highway Landscaping Installation and Maintenance Agreement ("Agreement") with Collier County wherein FDOT will fund landscape buffer improvements along the right of way adjacent to Naples Heritage Golf and Country Club, providing that Collier County, or its designee, maintain such landscaping in the future; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to move forward with this project as defined in the Agreement, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners approves the Agreement, authorizes the Chairwoman to execute the Agreement, and directs that the Collier County Clerk forward a certified copy of this Resolution to the FDOT along with the executed Agreement. This Resolution adopted after motion, second and majority vote favoring same, this ���day of F A 2013, j2flA ( I BOARD F DWI ""''E-"IiRbCK, CLERK COLLI C A By: Clerk sign ALxpproved as to form and legal sufficiency: SIAA �p Emily R. P in Assistant County Attorney CP\12-ATM-00135\18 COMMISSIONERS GIA A. HILLER, ESQ. Chairwoman - Da". da C—:q Ja 13 Dale I LAL(5-10 W 4J ,o x W 'T'3 '03 "IIWJro 31M N30NN 0JW35 0NY 03NNIS 3113 XNON43313 3NJ SI L33Nf SIMI 30 OYOJ3tl Wt3l 30 3" IJON CAn 2 0 F w Ey Q 7 a s U S N � Y T C W 3 S Z O �t 8 tah I j }r� To pN� vl O W t yI W W4 W 30� i Z�g in WWpW W =00. KJ ti N saw$ - N N �uti 4y'�py� 9 O�W off` �i ti ylt0 ���� t FW- = tit �A alyl�i� i�o cW.I uvf t ti# u � iiS �¢� QjW�i i�` WWy Q� �'= 8 7n� f wa N z 16 A9� 16 A9� ']YI •11?IIO J YW- Q.ww bMY --Y — JINOYIJ]H a., 5, "Av V., I k W +8611 'V15 3N17 14010 00'OZ ; • s, I 1' I I • I� ^~ I• Tr ' 1 �i ; I I , � �� i •[ 1 a Il � I }� a I —. I i •` -. i � � i 1 -I• I 1.. ; i ,•I i I ►I I I t z � 1 •�: 1 i c _ E3�3 x r r �z r i yr )n-nn.�.. -. t. � r t •�i r 4 i. w 7V.J o i X16 A9 W ; N x 0 0. U z Q 1 < 7 � x 5 F _ tf Lf -- — — ------------- cc W . ....... ... .. . . . . . . . . . . . . . . . . . . . . . li ti 00*oz+J?61 f ,C k W 'JY� TYI'IItlLN9 31M1 Y30NI1 p�11'3Y ONV Ol9BK 3Y1 J . -4i313 39, 51 -knN SMI 30 OwV w 'o Q O v 00-0gf sOZi -vJs 3ai7 Hjldn, • r U Y F� W ly p O e - <� 4 �a 00'06+6021 'V1S 3N I I i yVd NOSIOVMf i � _ _ , , `� • •' _ J 'r ^' I t a I� i i ' � � I•i p* .1 � :;� e e � e • 4 41 f f I I . � 1 y 4 4 � at f f a e e lit Z "g. r Q Zia � a:� O v 00-0gf sOZi -vJs 3ai7 Hjldn, • r U Y F� W ly p O e - <� 4 �a Wei I LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this C tU+h day of 2013, by and between Collier County, Florida, a political subdivision of thk State of Florida whose mailing address is 3329 Tamiami Trail East, Naples, FL 34112 (the "County "), and Naples Heritage Golf and Country Club, whose mailing address is 8150 Heritage Club Way, Naples, FL 34112 (the "Association "). RECITALS: WHEREAS, Association is the owner of certain tracts of real property in Naples Heritage Golf and Country Club according to the plat thereof recorded in Plat Book 26, Pages 73 through 80, Plat Book 28, Pages 11 through 13, and Plat Book 28, Page 57, inclusive, of the Public Records of Collier County, Florida; and WHEREAS, the Association lies immediately south of State Road 84, Davis Boulevard, east of Santa Barbara Boulevard and west of Radio Road; and WHEREAS, the State of Florida is the owner of that certain right -of -way located in Collier County, Florida, and specifically located within the right -of -way of SR 84, (the "Right -of Way„); and WHEREAS, the Association is desirous of maintaining certain landscaping improvements within a portion of the Right -of -Way abutting the Association's property (the "Abutting Right -of- Way "), at its sole cost and expense; and WHEREAS, the County has entered into a landscape maintenance and installation agreement with the State of Florida Department of Transportation ( "FDOT ") attached hereto as Exhibit 1; and WHEREAS, in keeping with the above, FDOT on behalf of the Association has submitted landscape and irrigation construction documents prepared by a licensed landscape architect for County review.; and WHEREAS, FDOT will provide the funding and initial installation of the landscape improvements and first year of maintenance of such landscaping, as described in the landscape plan attached hereto as Exhibit 2; and WHEREAS, it is the intent of the parties that the Association assume the responsibility for the maintenance of the landscaping within the Abutting Right -of -Way as required by FDOT standards; and NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1 of 4 1. County hereby delegates to the Association the requirement to maintain the landscaping of the Abutting Right -of -Way, as depicted in Exhibit 2 and entitled "Area to be Maintained by Naples Heritage." The Association shall also follow the Collier County Maintenance specifications attached as Exhibit 3, as applicable. 2. After FDOT constructs the landscape planting, the Association agrees to maintain the landscaping improvements as set forth in Exhibit 2 (the "Landscaping ") 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 maintain the Landscaping in accordance with Exhibit 2 and Exhibit 3, as applicable, the County may provide notice to the Association in writing, specifying the nature of the deficiency. Within twenty (20) 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 Landscaping 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 Landscaping, 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. Should FDOT require removal of all or some of the Landscaping, then County shall provide written notice to the Association. Association shall have twenty (20) days to remove the Landscaping or the County may remove the Landscaping and present a bill to the Association for the actual costs. The association shall reimburse the County for the costs within thirty (30) days of receipt of the County's bill. 5. 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 maintenance of the Landscaping or failure to maintain the Landscaping. 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. 6. 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 maintain the Landscaping as required by this Agreement and the Abutting Right -of- Way 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. 2 of 4 7. 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. 8. 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 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 Landscaping and will restore the Abutting 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 Landscaping or restoration of the Abutting 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. 9. 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. 10. 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. 11. This Agreement is the entire agreement between the parties, and supercedes 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. 12. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 3 of 4 In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. enly: WITNESSES: Name: BOA&D OF COUNTY COMMISSIONER CO L O , FLORIDA 'Clexk G . Hi er, Esq., Chairwoman man s Heritage Golf and - - - ,,. Name:tlo�� her STATE OF FLORIDA COUNTY OF COLLIER Club 3 Signed and acknowledged on this day of � , 201'$, before me, the undersigned notary public, by Norman Krivosha, President of Naples Herita e Golf and Country Club, a Florida corporation not - for - profit, on behalf of the corporation. He is personally known to me or [ j produced /, as identification. (" ",A") 6m� Notary Public Printed Name: My Commission Expires: to ' ( q `1 Approved as to form and legal sufficiency: Emily R. P in Assistant County Attorney 4 of 4 al r, is! ug'. I Exhibit "Y' See Exhibit "C" Landscape Plans a J-1 •I-i w 'JY1 '7f0'OWM3 I" W30M 031M35 OW OAIBlS 371, Wmawj 3 f 3N4 SI l3AK SIMe 10 awa iw M-JA) 3M1 e °s o I ` 0 O �t O' A O O' ,t iO 1 pS } I i j ®a o 0 0 16 A rir ry C �Z U ?�- I '' a 0. A N a O � E r�J e 8611 'Vt5 3N11 H3 00.oz 00 -} I a Jf IV I 1 f i� II I 3 1 ( I � N i `= I w i -' � t •I. s f I I 1 k I f � jFI e °s o I ` 0 O �t O' A O O' ,t iO 1 pS } I i j ®a o 0 0 16 A rir ry C �Z U ?�- I '' a 0. A N a O � E r�J e 1 00 -} e °s o I ` 0 O �t O' A O O' ,t iO 1 pS } I i j ®a o 0 0 16 A rir ry C �Z U ?�- I '' a 0. A N a O � E r�J 3 X W ire '110111-mm r" viam a�ss a 'Ua s n14 31 -13ma aNi si �Iof sew, io QWJW 0. U I 1 i 1 jQ I ' 4 t Q Z Q W A 'y15 3M17 H91'J�y! 00'08f£OZI i r T � -- ` � � I lam__ � z • r i I tI 4yg g Lee R r ! I f 4 I _ U I ±5 I j 4 C W I I Ill � • f" aa' I 'I � i l v I t � r I i I a j i I 00 `04 +861 I ' d� 3NJ 7 H91VJt 0. U I 1 i 1 jQ I ' 4 t Q Z Q W A N !16 x W O U i r z 4yg g Lee R Oita Y,n 4c f 4 ®aoo0 N !16 x W O U ']Y3 '00'0.0!019 31(W Y30N11 031 n aw 03N915 no, J."J,2313 3NI SI 133NS SIN, 40 "03N MJl! 3N, �3JI,0N Ag a U Un y IRUE Exhibit "Y' RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICATIONS These specifications are intended to provide the information by which private entities may understand the minimum requirements of Collier County relative to maintaining County rights of ways. Records of all specification requirements shall be kept and made available to the County's representative upon request. A. MOWING AND EDGING: Mowing and edging shall include medians as well as those areas, if existing, along the outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half inches Q ' /2 "). The frequency of cutting will be weekly or fiftytwo (52) times. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all planting beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts, and trees. Metal blade edging is not permitted along back of curbing. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right -of -way areas. B. WEEDING: Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as well as other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. C. GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below ten -foot (10') foot. All groundcovers, shrubs, canopy trees and palms up to ten foot (10') level, shall be inspected and pruned on a weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by County's representative. Pruning shall also include removal of water sprouts, suckers and any dead or diseased foliage or branches. During the first week of October and April, ornamental grasses, such as Fountain grass, Florida Gamma or Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12 ") or twenty-four (24 ") height based upon the type of plant. Ornamental type grasses such as Liriope muscari `Evergreen Giant', shall only be pruned at the direction and approval of the County's representative. Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimum height of one hundred twenty inches (120 "). Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain one foot (1') of clearance from the edge of the pathway. IT is recommended that adjacent shrubs and groundcovers be maintained so that they angle or are rounded away from the pathway. D. TRASH REMOVAL: With each service, all sites shall be cleaned by removing all trash or debris to include, but not limited to; paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick -ups shall be performed "prior" to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. 1 of 5 E. STREET CLEANING /SWEEPING: Street Cleaning: A four foot (4') wide area measured from the face of the curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris or objectionable growth so to maintain a neat and safe condition. F. TRAFFIC CONTROL: The developer shall comply with the requirements of Collier County Maintenance of Traffic (MOT) Policy, copies of which are available through Risk Management or the Purchasing Department. The Developer shall obtain and review the County MOT policy requirements prior to submitting a bid. The Developer will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standard Indexes, or other related documents, so to become familiar with the requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. To assist in employee visibility; approve bright day glow red/orange colored safety vests shall be worn by employees when servicing the area. G. CANOPY TREE AND PALM PRUNING: For this site, canopy trees shall be defined as any large shrub, tree, or palm with foliage above a ten -foot (10') level. All canopy trees and palms shall be pruned on a continuous basis to create and maintain a seventeen -foot (17') canopy clearance over the roadways and a ten -foot (10') canopy clearance over all pathways. Canopy trees shall be selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and to shape the canopy of the trees. The County's representative shall approve a professional licensed to prune tress under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall do the pruning and sharpening. The work shall be performed per ANSI AS300 "Standard Practices for Trees, Shrubs, and other Woody Plant Maintenance" and done in a professional manner in accordance with "Pruning Standards" of the national Arborist Association or accepted local trade standards and practices. Palms shall be pruned annually during June of each year. The palms shall be pruned to a "Tropical Cut" or to a nine (9) o'clock- three (3) o'clock angle from the horizontal at the base of the palm's bud or lowest fronds. Approximately seven (7) to (10) ten green fronds shall be left at the head after pruning. The pruning shall include removal of all nuts, seed stalks, brown or dead and lower fronds. The work shall be done in a professional manner in accordance with acceptable trade standards and practices. The palms shall not be climbed with tree spikes to remove the fronds. The pruning shall be accomplished by the use of a ladder, boom truck or lift. All debris from the pruning shall be removed and the site shall be left on a clean and neat manner. When the annual or bi- annual heavy pruning work is being performed with the use of a lift or boom truck, it is required that the adjacent traffic or turn lane to the work area, be closed using traffic control devices and signage per the current FDOT traffic control standards and indexes. H. FERTILIZATION: Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve -inch (12 ") wide radius ring around the base of the plants. Granular fertilization of the trees and palms shall be determined by the caliper (diameter) of the trunk and broadcast by hand in a band around the plant's base from a distance of 12" to the drip line of the palm, whenever possible. An 8 oz. cup equals one (1) pound. Trees and palms shall receive one (1) cup per one -inch (I") caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3') of height or spread. Shrubs and groundcovers shall receive one -half (1/2) cup per eighteen inches (18 ") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. Turf Areas and Plant beds containing Shrubs, Groundcovers, and Trees. 2of5 The (13 -3 -13) fertilizer shall be applied at a rate often (10) pounds per one thousand (1000) sq ft. for all areas. Four applications of (13 -3 -13) fertilizer will be applied yearly during the months of February, May, July, and October. Palms: Developer shall apply approved by County's representative palm fertilizer during February, May, July, and October as specified below. Should yellowing occur on the top of the fronds, manganese sulfate will be required and if on the lower fronds, Sul - Po-Mag or equivalent will be required to be applied with the palm fertilizer at the rates specified. MULCHING: Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for a four inch (4 ") non - compacted or unsettled depth measured from the existing soil grade. The area to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Two inches must be applied to replenish this mulch twice a year, November and during May. LANE CLOSURE: Lane closure for median maintenance shall be limited. Upon proper placement of the lane closed signs, pre - warning signs, arrow boards, traffic cones form the existing soil grade. K. IRRIGATION SYSTEMS: The irrigation systems shall be checked and repaired as necessary. Each zone shall be manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations of the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes /lids and adjustment of controller and rain shut off switches for settings and operations. Where required, the Developer shall maintain on site reclaimed water irrigation signage. SUBSURFACE IRRIGATION SYSTEMS: No excavation or mechanical metal edging around plant beds shallbe done within the Right -of -way. Mechanical metal blade edging is permitted along the back of curbing. Weekly Service Requirements: 1. A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the systems are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as necessary. This shall also include review and re- setting of the controller and in- ground moisture sensor adjustments or other rain sensing devices as needed. 2. System Computer /Controller a. Operate, adjust, and set controller to provide proper operation of the systems. b. Diagnose and repair electrical and mechanical malfunctions. c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings. d. Operate controller on automatic, manual and single trip operation. e. Monitor controller standby battery backup and replace as required. 3. Automatic Control Assemblies and Quick Coupling Valves a. Review control valve assembly and bypass system for proper settings. b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; pressure gauge operation; proper settings and are clean of debris or mulch. 4. Pump Sites a. Inspect for proper operations. b. The Developer shall record and provide to the County's representative the well water flow meter readings for the two well locations on the General Maintenance Report Sheets. 5. Review system water source connections to include water meters, backflow preventers, gate valve points of connection and main lines for proper operation. Monthly Service Requirements: 3 of 5 W0 UE Automatic Control Valve Assembly Manually operate valves, and clean valve assembly filters 2. Backflow Assembly Review assembly for proper operation and clean filter as needed Quick Coupling Valves Review boxes and operate valve 4. Pump Sites a. Once a month, the Developer will trouble shoot each pump station, checking amperage draw and document the results for future reference. b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are spraying onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper coverage. c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. d. The Developer will clean the strainers filters and inspect them for wear at the Pump Station. Manually run the system with open flush .caps and review sprinkler head indicators located at the end of zones. 6. Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at the end of zones where present to determine the system and porous piping is functioning properly. 7. Check, analyze and adjust flow control devices as required. Quarterly Service Requirements: 1. Review all subsurface system piping, valve assemblies, wiring, moisture sensors and controllers for overall operation and provide adjustments as required to assure proper operation and irrigation application. Conventional Pop -up Irrigation Systems: Weekly Service Requirements: 1. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair system for any blown off heads, broken lines or leaks around heads or valves. 3. Check the controller and rain sensing devices for proper operation and settings. 4. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100 %) irrigation coverage. 5. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. Monthly Service Requirements: 1. Manually run the system, clean and adjust sprinkler heads /nozzles and concrete donuts as necessary to ensure proper coverage and that there are no sprinkler heads /nozzles spraying directly onto the roadway. a. Each median and side right -of -way zone shall be manually turned on at the valve to ascertain proper operation of the system. b. Repair system for any blown-off head, broken lines or leaks around heads or valves. c. Check the controllers and rain sensors for proper operation and settings. d. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100 %) irrigation coverage. e. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. General Service Requirements for Irrigation Systems: 1. Should South Florida Water Management District or other governing agency establish water restrictions, 4of5 mn! the irrigation systems shall be inspected and all other controllers set to the mandated hours of operation set by the District or Agency. Subsurface systems are exempt from water restrictions. 2. Replace defective heads or nozzles, install or replace defective risers and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes /lids if caused by the Maintenance Developer. 4. Inspect, clean, and replace, if necessary, screen/filters within the sprinkler heads. 5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two inches (2 ") above finished mulch. 6. One hundred percent (100 %) irrigation coverage shall be maintained within all irrigated landscaped areas while this Contract is in effect. Notification to the County's representative is required when acts of vandalism or accidents have occurred to the irrigation system. Photos shall be taken and provided to the County's representative at no added cost. Miscellaneous Irrigation Maintenance Responsibilities: 1. Should the temperature be forecast to be below thirty-four (34) degrees, the Developer shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems or additional irrigation maintenance needs. 3. The irrigation service personnel must trouble shoot time clocks, i.e, power -in 110 volt and 24 -volt fuses, 24 volts output when necessary. 4. The irrigation services personnel must trouble shoot any pump start relay, main fuses and capacitors when necessary. L. BRICK PAVERS: All median brick paving shall be pressure cleaned twice per year, in April and November, to remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the developers shall clean -up debris if present, and or flag off the areas with protective barriers and/or high visibility hazard tape. Damaged areas must be repaired as quickly as possible. M. PEST CONTROL: Trees, Palms, Shrubs, Groundcovers, and Sod must be closely monitored for pests and diseases and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative. 5 of 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLJP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Ag Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. * *NEW ** ROUTING SLIP Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's si9natnre draw a i;.,e th—,..,r..,,,,.:.... 1.* . 11, ♦L -_ - - -L - • - — - - -• -- • •� » »•• Route to Addressees (List in routing order) ••••�� • ....�� . rc, win inc uHe cnecKnsr, ana Office torwara to the Coun Initials Attorney Office. Date 1. appropriate. Does the document require the chairman's original signature? (Initial) EP Applicable) 2. 2/26/13 Agenda Item Number 16 -A -9 3. County Attorney Office County Attorney Office >P- 3}5ft3 Type of Document OResolution — Landscape Maintenance Number of Original 4 /11/13 4. BCC Office Board of County G K Jr Commissioners S Z 5. Minutes and Records Clerk of Court's Office _ �� - /13 3 '. 4i1om rKIMAIKY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for addi innal nr ..,:—:.,., : f Name of Primary Staff Pamela Lulic , Growth Management Phone Number 252 -6291 Contact / Department appropriate. Does the document require the chairman's original signature? (Initial) EP Applicable) Agenda Date Item was 2/26/13 Agenda Item Number 16 -A -9 Approved by the BCC Wt -4o Type of Document OResolution — Landscape Maintenance Number of Original Cntvf each Attached oAgreement (FDOT) — Landscape Documents Attached Jr aintenance Agreement (Naples Heritage) number or account n/a A(COLUn t r 112 (03 U5--2 - nu nu mber if document is Office and all other parties except the BCC Chairman and the Clerk to the Board T U -1 to be recorded The Chairman's signature line date has been entered as the date of BCC approval of the V11l���1(1 3(0 13�- (¢pp"lio.l k N "etC,5_O � INSTRUCTIONC Rr ri-t<Vr'ur .rc•r I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. appropriate. Does the document require the chairman's original signature? (Initial) EP Applicable) 2. Does the document need to be sent to another agency for additional signatures? If yes, EP See attached provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be EP signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's EP Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the EP document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's EP signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip EP should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2/26/13 and all changes made during the EP meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 FPID# 1954164-52 -01 LANDSCAPE MAINTENANCE AND INSTALLATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY THIS Agreement, made and entered into this Z"A day of MA.`( 2013, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter, "DEPARTMENT") and, COLLIER COUNTY (hereinafter, "AGENCY ") for the AGENCY to maintain, at the AGENCY'S expense, landscaping within the area specified below. WITNESSETH 1. WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 84 as part of the State Highway System; and 2. WHEREAS, the DEPARTMENT seeks to install landscape development improvements within the unpaved areas within the right -of -way of State Road 84 E. of Santa Barbara to W. of Radio Rd, (hereinafter, "PROJECT'l and the AGENCY has agreed to maintain the landscape after completion of the PROJECT at its expense; and 3. WHEREAS, the AGENCY, by Resolution No. jo 13 -qo, dated d1 oIU 113 and attached hereto as Exhibit A, attached hereto and incorporated into this Agreement, accepted this obligation and authorized its Chairman or Deisgnee to execute this Agreement on its behalf. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this Agreement, it has: a) Ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements was mailed on N /A; to the following utilities/municipalities: Utilities have been addressed in the roadway design plans. b) Complied with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. Outdoor advertising is specifically excluded from this Agreement in accordance with Fla. Stat. §479.11,. 16A9 FPID#195416- 4-52 -01 SR 84 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT Page 2 of 5 2. The AGENCY agrees to maintain the landscape improvements in accordance with the Technical Maintenance Plan included as Exhibit B attached hereto and by this reference made a part hereof. 3. The AGENCY agrees, at the AGENCY'S expense, to maintain the landscaping within the median and areas outside the travel way within the right of way pursuant to the Landscape Plan(s) included as Exhibit C, attached hereto and incorporated into this Agreement, and Rule 14- 40.003, Florida Administrative Code, as it may be amended from time to time. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the DEPARTMENT. The AGENCY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 4. All landscape installation and maintenance activities undertaken by AGENCY shall be pursuant to the Work Zone Traffic Control Plan(s) using the FDOT Standard Index 600, and incorporated into this Agreement, and Rule 14- 40.003, Florida Administrative Code. 5. The AGENCY may utilize its employees or third parties to accomplish its obligations under this Agreement. However, the AGENCY remains responsible for proper performance under this Agreement and shall take all steps necessary to ensure that its employees or third parties perform as required under this Agreement. 6. It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted by the DEPARTMENT at any time in the future as determined to be necessary by the DEPARTMENT in order to widen, alter or otherwise change the state road to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after which time the DEPARTMENT may remove the same. 7. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this PROJECT. If at any time after the AGENCY has assumed landscaping maintenance responsibility it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, the District Secretary or his designee may issue a written notice to the AGENCY that a deficiency or deficiencies exist(s). Upon receipt of the notice, the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: a) The DEPARTMENT may take action to maintain the landscaping or a part thereof, with DEPARTMENT or its Contractor's personnel and invoice the AGENCY for expenses incurred and the AGENCY shall promptly reimburse the DEPARTMENT for the costs, or b) The DEPARTMENT may terminate the Agreement, in which case the AGENCY shall at its own expense and within sixty (60) days after written notice by the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be removed and return the right -of -way to its original condition. 8. This Agreement shall take effect upon execution by both parties. i _.._.._ . 1E FP1DR195416. 452-01 SR 84 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT Page 3 of 5 9. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to terminate this Agreement. Termination shall be done in writing giving the other party thirty (30) days notice. Upon notice of termination by either party, all landscape improvements shall be removed by the AGENCY and the DEPARTMENT'S right -of -way returned to its original condition. If, after thirty (30) days, the landscape improvements have not been removed, the DEPARTMENT may, at its option, proceed as follows: a) Maintain the landscape improvements within the limits of said project with DEPARTMENT'S contractor or personnel and the AGENCY shall promptly reimburse the DEPARTMENT upon receipt of an invoice for the reasonable values of such work; or b) Remove all landscape improvements, return the right -of -way to its original condition with the DEPARTMENT'S contractor or personnel and the AGENCY shall promptly reimburse the DEPARTMENT upon receipt of an invoice for the reasonable values of such work. 10. The AGENCY shall keep in force during the period of this Agreement public liability insurance, property damage insurance and worker's compensation insurance through an insurance policy(ies) or the AGENCY'S self insurance program. 11. When the DEPARTMENT receives a notice of claim for damages that may have been causal by the AGENCY in the performance of services pursuant to this Agreement, the DEPARTMENT will immediately forward the claim to AGENCY, and the DEPARTMENT will evaluate the claim and report their findings to each other within seven working days and will jointly discuss options in defending the claim. After reviewing the claim, the DEPARTMENT will determine whether to require the participation of the AGENCY in the defense of the claim or to require that the AGENCY defend the DEPARTMENT in such claim pursuant to this section. The DEPARTMENTS failure to notify the AGENCY of a claim shall not release the AGENCY from any of the requirements of this section. The DEPARTMENT and the AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs, but if the verdict determines that there is joint responsibility, the costs and liability for damages will be shared in the same percentage as that judicially established. 12. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 13. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. FPID#195416 -4 -52-01 SR 94 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT Page 4 of 5 15. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Mr. Michael Schulte District Landscape Architect 801 North Broadway (MS 1-49) Bartow, FL 33830 -1249 TO COLLIER COUNTY: Ms. Pamela Lulich, RLA Landscape Operations Manager Collier County Department of Alternative Transportation Modes Growth Management Division - Construction & Maintenance 2885 Horseshoe Drive South Naples, Florida 34104 Rest of this page intentionally left blank. FPID#195416- 4 -52 -01 SR 84 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT Page 5 of 5 IN WITNESS WHEREOF, has caused this Agreement to be execute in its behalf, by the Chairman or its designee, as authorized by Resolution No. �, Q I E? — and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee. This Agreement shall become effective on: COLLIER COUNTY OF/FfORIDA CLERK (Seal) C N OR DESIGNEE e tDATE `s►gnC� �:nly. C hI iryvoyv i 0U'1 COLLIER COUNTY LEGAL REVIEW: By DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST A- EXECUTA SECRETARY (Seal) BY: ZX1 DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE ejers , � �, -7 // FMT NAME — DATE FLA. DEPT. OF TRANS. LEGAL REVIEW: BY: d K J,-/ - / 3 DATE RESOLUTION NO. 2013- 4 0 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING AND AUTHORIZING THE CHAIRWOMAN TO SIGN A HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE NAPLES HERITAGE GOLF AND COUNTRY CLUB RIGHT -OF -WAY BUFFER ON DAVIS BOULEVARD WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Highway Landscaping Installation and Maintenance Agreement ( "Agreement ") with Collier County wherein FDOT will fund landscape buffer improvements along the right of way adjacent to Naples Heritage Golf and Country Club, providing that Collier County, or its designee, maintain such landscaping in the future; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to move forward with this project as defined in the Agreement, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners approves the Agreement, authorizes the Chairwoman to execute the Agreement, and directs that the Collier County Clerk forward a certified copy of this Resolution to the FDOT along with the executed Agreement. This Resolution adopted after motion, second and majority vote favoring same, this (9, D+4ay of 1 bY1.lGt _, 2413. r� ATTEST: ` r DWI NT E. BROCK CLERK c' A Plt aS tO �y�Clerk signature ©1tly. A proved as to form and legal sufficiency: Emily R. P in Assistant County Attorney CP\ 12 -ATM- 00135\ 18 OPiCOUNTVCOMMISSIONERS GIA A. HILLER, ESQ. Chairwoman 0, wowo,� I A x w •]Y/ 'll0ll'O" ilnY 33pIM1 031Y]C b.* —W 3', Nworl.Hl3 3- . I -s 0- 00' ,611 •V15 NN { - i I I .a 0 �e of 1 M10 •s os �o I I I se , a° J 1 I M i 48 4* � 4 1 °o �N a t f � xZ Er t . : , i ,611 •V15 NN �J ► i I 4 ' �. 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I t!� •1 1 y i +} �� • .R O O O o Y 16 6.100 o _ U i 7 C O� rl Z' O +; Fgg— aa. r XNWA l aw st P V-1 jo fOZI �V-Ls iNl 110N A I f 4J x w _ �6 'JYl'f1031 OL�19 3HY Y30N0 G3M35 ONV 03N915 3111 JiNOY1J313 3Nl SI 133Nf SINI M MOW. nlJll 3N1 3JIlON 'tl15 00'Oti+60Z1 I �N 11rJ3 . ,l, •�''' I � it 4 `� �/ I Q NOSIOWY of i rn qW _ � o �, I W I �'i � I• Mil I - ! •�'! / y •S rR k 11 LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this ok� day of , 2013, by and between Collier County, Florida, a political subdivision of thi State of Florida whose mailing address is 3329 Tamiami Trail East, Naples, FL 34112 (the "County "), and Naples Heritage Golf and Country Club, whose mailing address is 8150 Heritage Club Way, Naples, FL 34112 (the "Association "). RECITALS: WHEREAS, Association is the owner of certain tracts of real property in Naples Heritage Golf and Country Club according to the plat thereof recorded in Plat Book 26, Pages 73 through 80, Plat Book 28, Pages 11 through 13, and Plat Book 28, Page 57, inclusive, of the Public Records of Collier County, Florida; and WHEREAS, the Association lies immediately south of State Road 84, Davis Boulevard, east of Santa Barbara Boulevard and west of Radio Road; and WHEREAS, the State of Florida is the owner of that certain right -of -way located in Collier County, Florida, and specifically located within the right -of -way of SR 84, (the "Right -of Way "); and WHEREAS, the Association is desirous of maintaining certain landscaping improvements within a portion of the Right -of -Way abutting the Association's property (the "Abutting Right -of- Way "), at its sole cost and expense; and WHEREAS, the County has entered into a landscape maintenance and installation agreement with the State of Florida Department of Transportation ( "FDOT ") attached hereto as Exhibit 1; and WHEREAS, in keeping with the above, FDOT on behalf of the Association has submitted landscape and irrigation construction documents prepared by a licensed landscape architect for County review.; and WHEREAS, FDOT will provide the funding and initial installation of the landscape improvements and first year of maintenance of such landscaping, as described in the landscape plan attached hereto as Exhibit 2; and WHEREAS, it is the intent of the parties that the Association assume the responsibility for the maintenance of the landscaping within the Abutting Right -of -Way as required by FDOT standards; and NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1 of 4 16A9 1. County hereby delegates to the Association the requirement to maintain the landscaping of the Abutting Right -of -Way, as depicted in Exhibit 2 and entitled "Area to be Maintained by Naples Heritage." The Association shall also follow the Collier County Maintenance specifications attached as Exhibit 3, as applicable. 2. After FDOT constructs the landscape planting, the Association agrees to maintain the landscaping improvements as set forth in Exhibit 2 (the "Landscaping ") 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 maintain the Landscaping in accordance with Exhibit 2 and Exhibit 3, as applicable, the County may provide notice to the Association in writing, specifying the nature of the deficiency. Within twenty (20) 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 Landscaping 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 Landscaping, 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. Should FDOT require removal of all or some of the Landscaping, then County shall provide written notice to the Association. Association shall have twenty (20) days to remove the Landscaping or the County may remove the Landscaping and present a bill to the Association for the actual costs. The association shall reimburse the County for the costs within thirty (30) days of receipt of the County's bill. 5. 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 maintenance of the Landscaping or failure to maintain the Landscaping. 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. 6. 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 maintain the Landscaping as required by this Agreement and the Abutting Right -of- Way 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. 2 of 4 • � J 7. 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. 8. 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 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 Landscaping and will restore the Abutting 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 Landscaping or restoration of the Abutting 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. 9. 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. 10. 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. 11. This Agreement is the entire agreement between the parties, and supercedes 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. 12. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 3 of 4 MI $al E In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. T: Dwight E. Brock, Clerk Signature olily. WITNESSES: rinted Name: 5, -0, rinted Name: STATE OF FLORIDA COUNTY OF COLLIER Ce N Mr COMMISSIONER , FLORIDA Esq., Chairwoman Heritage efolf and C ;iation ") n iman Krivosha Club Signed and acknowledged on this,--) day of Nr1\ , 201 , before me, the undersigned notary public, by Norman Krivosha, President of Naples Heritage klf and Country Club, a Florida corporation not - for - profit, on behalf of the corporation. He N is personally known to me or [ ] produced as identification. My Commission Expires: y - 1 Q -( LA Approved as to form and legal sufficiency: mily R. P in Assistant County Attorney ---, ("C�" -- RAM Notary Public `-) Printed Name: C- A\-;k 4 of 4 n`�W-0§1 ' ,�' AMY GANT 0-% Notary Public - State of jFlorida My Comm. Expires Apr 1 Commission DD 95 ` Bonded Through National Not ��,,,�1,.,, I A A k w 'JYI ' /IGH.Owj@ ]1OH WWNO Owns O QiMMJf 7Hi JIMOYJJT) RHJ SI J73NS SJHJ 00.OZ +8611 'V15 3NII NOld6 jI I I' ! , w • a A 1 jj 1 f� i u i 1" tt, r 4 Iii t i .f �:l � ' I I •VI� I I J� D i. 1. �� 1 :• � t =. N 4;h FYI �yq fhpy 0009f7611 yls t ®4 0 0 Q 3NI7 NJ1V/►' ri. ~ O N uYi � O U A { g a 7 C O` i r>u 1'V W 'JV'a 'lla'u•dot9 aua mm" ofw#f o Oax91f ally am, V al-5 Swa to oxoaax 1wI714f axa 1 , `t. II a 4 t t 1. 1 1 l; g$ 1., 1, b 1 1 Z1 1� 1 / 1 1 � 1 1 1 1 l ®4 O O ❑ ?ell' i N � O J a a v 0 �o W y� q i s Q Z O Q Z 4 ■l Li 16 q9 'JYi'll0'1F0t9t9 31(gl Y3ONn Cili'll OMY03N9fS iili .NNOYlJl13 3N! SI 1]]MS SIMI i0 OYO)iY T7Jf! 3N1 '3JIlOM i . N N o D I 'y15 3NIl H�1tlFY - � 00'06+6011 3116'0 i d ig ;4 x9 1 •� QI I J fit I I 6 ' ' e r ~ g tl$gQ k w ®4 O O ❑ ��c9� UU d 311/7 119 16 q9 16A9 Exhibit "2" See Exhibit "C" Landscape Plans Ewe, Exhibit "Y' RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICATIONS These specifications are intended to provide the information by which private entities may understand the minimum requirements of Collier County relative to maintaining County rights of ways. Records of all specification requirements shall be kept and made available to the County's representative upon request. A. MOWING AND EDGING: Mowing and edging shall include medians as well as those areas, if existing, along the outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half inches (3 ' /z "). The frequency of cutting will be weekly or fift}4two (52) times. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all planting beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts, and trees. Metal blade edging is not permitted along back of curbing. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right -of -way areas. B. WEEDING: Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as well as other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. C. GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below ten -foot (10') foot. All groundcovers, shrubs, canopy trees and palms up to ten foot (10') level, shall be inspected and pruned on a weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by County's representative. Pruning shall also include removal of water sprouts, suckers and any dead or diseased foliage or branches. During the first week of October and April, ornamental grasses, such as Fountain grass, Florida Gamma or Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12 ") or twenty-four (24 ") height based upon the type of plant. Ornamental type grasses such as Liriope muscari `Evergreen Giant', shall only be pruned at the direction and approval of the County's representative. Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimum height of one hundred twenty inches (120 "). Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain one foot (1') of clearance from the edge of the pathway. IT is recommended that adjacent shrubs and groundcovers be maintained so that they angle or are rounded away from the pathway. D. TRASH REMOVAL: With each service, all sites shall be cleaned by removing all trash or debris to include, but not limited to; paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick -ups shall be performed "prior" to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. 1 of 5 wonal E E. STREET CLEANING /SWEEPING: Street Cleaning: A four foot (4') wide area measured from the face of the curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris or objectionable growth so to maintain a neat and safe condition. F. TRAFFIC CONTROL: The developer shall comply with the requirements of Collier County Maintenance of Traffic (MOT) Policy, copies of which are available through Risk Management or the Purchasing Department. The Developer shall obtain and review the County MOT policy requirements prior to submitting a bid. The Developer will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standard Indexes, or other related documents, so to become familiar with the requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. To assist in employee visibility; approve bright day glow red/orange colored safety vests shall be worn by employees when servicing the area. G. CANOPY TREE AND PALM PRUNING: For this site, canopy trees shall be defined as any large shrub, tree, or palm with foliage above a ten -foot (10') level. All canopy trees and palms shall be pruned on a continuous basis to create and maintain a seventeen -foot (17') canopy clearance over the roadways and a ten -foot (10') canopy clearance over all pathways. Canopy trees shall be selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and to shape the canopy of the trees. The County's representative shall approve a professional licensed to prune tress under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall do the pruning and sharpening. The work shall be performed per ANSI AS300 "Standard Practices for Trees, Shrubs, and other Woody Plant Maintenance" and done in a professional manner in accordance with "Pruning Standards" of the national Arborist Association or accepted local trade standards and practices. Palms shall be pruned annually during June of each year. The palms shall be pruned to a "Tropical Cut" or to a nine (9) o'clock- three (3) o'clock angle from the horizontal at the base of the palm's bud or lowest fronds. Approximately seven (7) to (10) ten green fronds shall be left at the head after pruning. The pruning shall include removal of all nuts, seed stalks, brown or dead and lower fronds. The work shall be done in a professional manner in accordance with acceptable trade standards and practices. The palms shall not be climbed with tree spikes to remove the fronds. The pruning shall be accomplished by the use of a ladder, boom truck or lift. All debris from the pruning shall be removed and the site shall be left on a clean and neat manner. When the annual or bi -annual heavy pruning work is being performed with the use of a lift or boom truck, it is required that the adjacent traffic or turn lane to the work area, be closed using traffic control devices and signage per the current FDOT traffic control standards and indexes. H. FERTILIZATION: Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve -inch (12 ") wide radius ring around the base of the plants. Granular fertilization of the trees and palms shall be determined by the caliper (diameter) of the trunk and broadcast by hand in a band around the plant's base from a distance of 12" to the drip line of the palm, whenever possible. An 8 oz. cup equals one (1) pound. Trees and palms shall receive one (1) cup per one -inch (1 ") caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3') of height or spread. Shrubs and groundcovers shall receive one -half (1/2) cup per eighteen inches (18 ") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. Turf Areas and Plant beds containing Shrubs, Groundcovers, and Trees. 2 of 5 ffonffl� The (13 -3 -13) fertilizer shall be applied at a rate of ten (10) pounds per one thousand (1000) sq ft. for all areas. Four applications of (13 -3 -13) fertilizer will be applied yearly duringthe months of February, May, July, and October. Palms: Developer shall apply approved by County's representative palm fertilizer during February, May, July, and October as specified below. Should yellowing occur on the top of the fronds, manganese sulfate will be required and if on the lower fronds, Sul - Po-Mag or equivalent will be required to be applied with the palm fertilizer at the rates specified. I. MULCHING: Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for a four inch (4 ") non - compacted or unsettled depth measured from the existing soil grade. The area to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Two inches must be applied to replenish this mulch twice a year, November and during May. LANE CLOSURE: Lane closure for median maintenance shall be limited. Upon proper placement of the lane closed signs, pre- warning signs, arrow boards, traffic cones form the existing soil grade. K. IRRIGATION SYSTEMS: The irrigation systems shall be checked and repaired as necessary. Each zone shall be manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations of the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes /lids and adjustment of controller and rain shut off switches for settings and operations. Where required, the Developer shall maintain on site reclaimed water irrigation signage. SUBSURFACE IRRIGATION SYSTEMS: No excavation or mechanical metal edging around plant beds shallbe done within the Right -of -way. Mechanical metal blade edging is permitted along the back of curbing. Weekly Service Requirements: 1. A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the systems are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as necessary. This shall also include review and re- setting of the controller and in- ground moisture sensor adjustments or other rain sensing devices as needed. 2. System Computer /Controller a. Operate, adjust, and set controller to provide proper operation of the systems. b. Diagnose and repair electrical and mechanical malfunctions. c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings. d. Operate controller on automatic, manual and single trip operation. e. Monitor controller standby battery backup and replace as required. 3. Automatic Control Assemblies and Quick Coupling Valves a. Review control valve assembly and bypass system for proper settings. b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; pressure gauge operation; proper settings and are clean of debris or mulch. 4. Pump Sites a. Inspect for proper operations. b. The Developer shall record and provide to the County's representative the well water flow meter readings for the two well locations on the General Maintenance Report Sheets. 5. Review system water source connections to include water meters, backflow preventers, gate valve points of connection and main lines for proper operation. Monthly Service Requirements: 3 of 5 1 t 1. Automatic Control Valve Assembly Manually operate valves, and clean valve assembly filters 2. Backflow Assembly Review assembly for proper operation and clean filter as needed 3. Quick Coupling Valves Review boxes and operate valve 4. Pump Sites a. Once a month, the Developer will trouble shoot each pump station, checking amperage draw and document the results for future reference. b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are spraying onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper coverage. c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. d. The Developer will clean the strainers filters and inspect them for wear at the Pump Station. Manually run the system with open flush caps and review sprinkler head indicators located at the end of zones. Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at the end of zones where present to determine the system and porous piping is functioning properly. Check, analyze and adjust flow control devices as required. Quarterly Service Requirements: 1. Review all subsurface system piping, valve assemblies, wiring, moisture sensors and controllers for overall operation and provide adjustments as required to assure proper operation and irrigation application. Conventional Pop -up Irrigation Systems: Weekly Service Requirements: 1. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair system for any blown -off heads, broken lines or leaks around heads or valves. 3. Check the controller and rain sensing devices for proper operation and settings. 4. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100 %) irrigation coverage. 5. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. Monthly Service Requirements: 1. Manually run the system, clean and adjust sprinkler heads /nozzles and concrete donuts as necessary to ensure proper coverage and that there are no sprinkler heads /nozzles spraying directly onto the roadway. a. Each median and side right -of -way zone shall be manually turned on at the valve to ascertain proper operation of the system. b. Repair system for any blown -off head, broken lines or leaks around heads or valves. c. Check the controllers and rain sensors for proper operation and settings. d. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100 %) irrigation coverage. e. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. General Service Requirements for Irrigation Systems: 1. Should South Florida Water Management District or other governing agency establish water restrictions, 4of5 MI M, E the irrigation systems shall be inspected and all other controllers set to the mandated hours of operation set by the District or Agency. Subsurface systems are exempt from water restrictions. 2. Replace defective heads or nozzles, install or replace defective risers and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes /lids if caused by the Maintenance Developer. 4. Inspect, clean, and replace, if necessary, screen /filters within the sprinkler heads. 5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two inches (2 ") above finished mulch. 6. One hundred percent (100 %) irrigation coverage shall be maintained within all irrigated landscaped areas while this Contract is in effect. 7. Notification to the County's representative is required when acts of vandalism or accidents have occurred to the irrigation system. Photos shall be taken and provided to the County's representative at no added cost. Miscellaneous Irrigation Maintenance Responsibilities: 1. Should the temperature be forecast to be below thirty-four (34) degrees, the Developer shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems or additional irrigation maintenance needs. 3. The irrigation service personnel must trouble shoot time clocks, i.e. power -in 110 volt and 24 -volt fuses, 24 volts output when necessary. 4. The irrigation services personnel must trouble shoot any pump start relay, main fuses and capacitors when necessary. L. BRICK PAVERS: All median brick paving shall be pressure cleaned twice per year, in April and November, to remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the developers shall clean -up debris if present, and or flag off the areas with protective barriers and/or high visibility hazard tape. Damaged areas must be repaired as quickly as possible. M. PEST CONTROL: Trees, Palms, Shrubs, Groundcovers, and Sod must be closely monitored for pests and diseases and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative. 5 of 5 -'V s +-o '(2�Vd; j 5 t 7�, 3 16A 91 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION Road Maintenance Landscape Department 2885 Horseshoe Drive South • Naples, Florida 34104 0239- 252 -6291 • FAX 239.252.6623 RE: Recording Fees for Landscape Maintenance and Installation Agreement between the State of Florida Department of Transportation and Collier County To whom it may concern: Please record the attached document which was approved by the BCC on February 26, 2013, Agenda Item 16.A.9. Please charge the recording costs to our Landscape Fund: 112 — 163652 — 60076.1 16.A.9. Recommendation to approve and authorize the Chairman to sign (1) a Landscaping Installation and Highway Maintenance Agreement ( "Agreement ") with the Florida Department of Transportation (FDOT) for a landscape planting buffer along Davis Blvd.: f21 a Resolution evidencing that the Board has approved and authorized the Chairman to sign this Agreement: and (3) Collier County Landscape Maintenance Agreement between Collier County and Naples Heritage Golf and Country Club. If you should have any questions, please contact Gloria Herrera 252 -5856, Gloria Herrera @colliergov. net or call me, Pam Lulich, 252 -6291, PamLulich @colliergov.net for more information. Kindest Regards, /111 / Pam Lulich Landscape Operations Manager Growth Management Division Road Maintenance Department 2885 South Horseshoe Drive Naples, FL 34104 (239) 252 -6291 Telephone 239.2526291 / E -Fax 239.252.6623 16A gA RESOLUTION NO. 2013_ 4 0 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING AND AUTHORIZING THE CHAIRWOMAN TO SIGN A HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE NAPLES HERITAGE GOLF AND COUNTRY CLUB RIGHT-OF-WAY BUFFER ON DAVIS BOULEVARD WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Highway Landscaping Installation and Maintenance Agreement ("Agreement") with Collier County wherein FDOT will fund landscape buffer improvements along the right of way adjacent to Naples Heritage Golf and Country Club, providing that Collier County, or its designee, maintain such landscaping in the future; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to move forward with this project as defined in the Agreement, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners approves the Agreement, authorizes the Chairwoman to execute the Agreement, and directs that the Collier County Clerk forward a certified copy of this Resolution to the FDOT along with the executed Agreement, This Resolution adopted after motion, second and majority vote favoring same, this Q(601 day of Fir- bn)A 32013. Al TEST DWIW4T E. BROCK, CLERK - Pqputy Aftezlt as to ,^,hairmah's C Jerk Approved as to form and legal sufficiency: Emily R. Pekin V Assistant County Attorney CP\12-ATM-00135\18 0 UIW,6 . HILLER, ESQ, Chairwoman INSTR 4835526 OR 4917 PG 2486 RECORDED 5/8/2013 10:29 AM PAGES 12 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $103.50 16A FPID# 1954164-52 -01 LANDSCAPE MAINTENANCE AND INSTALLATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY THIS Agreement, made and entered into this ZvJ day of MA*-( 2013, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter, "DEPARTMENT ") and, COLLIER COUNTY (hereinafter, "AGENCY ") for the AGENCY to maintain, at the AGENCY'S expense, landscaping within the area specified below. WITNESSETH 1. WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 84 as part of the State Highway System; and 2. WHEREAS, the DEPARTMENT seeks to install landscape development improvements within the unpaved areas within the right -of -way of State Road 84 E. of Santa Barbara to W. of Radio Rd, (hereinafter, "PROJECT") and the AGENCY has agreed to maintain the landscape after completion of the PROJECT at its expense; and 3. WHEREAS, the AGENCY, by Resolution No.o l3 -Li 0, dated "P "(Po1 3 and attached hereto as Exhibit A, attached hereto and incorporated into this Agreement, accepted this obligation and authorized its Chairman or Deisgnee to execute this Agreement on its behalf. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this Agreement, it has: a) Ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements was mailed on N/A, to the following utilities /municipalities: Utilities have been addressed in the roadway design plans. b) Complied with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. Outdoor advertising is specifically excluded from this Agreement in accordance with Fla. Stat. §479.11,. ILO, FPID#195416 -4 -52-01 SR 84 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT Page 2 of 5 2. The AGENCY agrees to maintain the landscape improvements in accordance with the Technical Maintenance Plan included as Exhibit B attached hereto and by this reference made a part hereof. 3. The AGENCY agrees, at the AGENCY'S expense, to maintain the landscaping within the median and areas outside the travel way within the right of way pursuant to the Landscape Plan(s) included as Exhibit C, attached hereto and incorporated into this Agreement, and Rule 1440.003, Florida Administrative Code, as it may be amended from time to time. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the DEPARTMENT. The AGENCY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 4. All landscape installation and maintenance activities undertaken by AGENCY shall be pursuant to the Work Zone Traffic Control Plan(s) using the FDOT Standard Index 600, and incorporated into this Agreement, and Rule 14- 40.003, Florida Administrative Code. 5. The AGENCY may utilize its employees or third parties to accomplish its obligations under this Agreement. However, the AGENCY remains responsible for proper performance under this Agreement and shall take all steps necessary to ensure that its employees or third parties perform as required under this Agreement. 6. It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted by the DEPARTMENT at any time in the future as determined to be necessary by the DEPARTMENT in order to widen, alter or otherwise change the state road to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after which time the DEPARTMENT may remove the same. 7. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this PROJECT. If at any time after the AGENCY has assumed landscaping maintenance responsibility it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, the District Secretary or his designee may issue a written notice to the AGENCY that a deficiency or deficiencies exist(s). Upon receipt of the notice, the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: a) The DEPARTMENT may take action to maintain the landscaping or a part thereof, with DEPARTMENT or its Contractor's personnel and invoice the AGENCY for expenses incurred and the AGENCY shall promptly reimburse the DEPARTMENT for the costs, or b) The DEPARTMENT may terminate the Agreement, in which case the AGENCY shall at its own expense and within sixty (60) days after written notice by the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be removed and return the right -of -way to its original condition. 8. This Agreement shall take effect upon execution by both parties. 191M FPID#195416. 4-52-01 SR 84 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT Page 3 of 5 9. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to terminate this Agreement. Termination shall be done in writing giving the other party thirty (30) days notice. Upon notice of termination by either party, all landscape improvements shall be removed by the AGENCY and the DEPARTMENT'S right -of -way returned to its original condition. If, after thirty (30) days, the landscape improvements have not been removed, the DEPARTMENT may, at its option, proceed as follows: a) Maintain the landscape improvements within the limits of said project with DEPARTMENT'S contractor or personnel and the AGENCY shall promptly reimburse the DEPARTMENT upon receipt of an invoice for the reasonable values of such work; or b) Remove all landscape improvements, return the right -of -way to its original condition with the DEPARTMENT'S contractor or personnel and the AGENCY shall promptly reimburse the DEPARTMENT upon receipt of an invoice for the reasonable values of such work. 10. The AGENCY shall keep in force during the period of this Agreement public liability insurance, property damage insurance and worker's compensation insurance through an insurance policy(ies) or the AGENCY'S self insurance program. 11. When the DEPARTMENT receives a notice of claim for damages that may have been caused by the AGENCY in the performance of services pursuant to this Agreement, the DEPARTMENT will immediately forward the claim to AGENCY, and the DEPARTMENT will evaluate the claim and report their findings to each other within seven working days and will jointly discuss options in defending the claim. After reviewing the claim, the DEPARTMENT will determine whether to require the participation of the AGENCY in the defense of the claim or to require that the AGENCY defend the DEPARTMENT in such claim pursuant to this section. The DEPARTMENTS failure to notify the AGENCY of a claim shall not release the AGENCY from any of the requirements of this section. The DEPARTMENT and the AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs, but if the verdict determines that there is joint responsibility, the costs and liability for damages will be shared in the same percentage as that judicially established. 12. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 13. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 16A FPID#195416.4 -S2-01 SR 84 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT Page 4 of S 15. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Mr. Michael Schulte District Landscape Architect 801 North Broadway (MS 1-49) Bartow, FL 33830 -1249 TO COLLIER COUNTY: Ms. Pamela Lulich, RLA Landscape Operations Manager Collier County Department of Alternative Transportation Modes Growth Management Division - Construction & Maintenance 2885 Horseshoe Drive South Naples, Florida 34104 Rest of this page intentionally left blank. FPID#195416 -4 -52-01 SR 84 E. OF SANTA BARBARA TO W. OF RADIO RD LANDSCAPE MAINTENANCE AGREEMENT Page 5 of 5 IN WITNESS WHEREOF, has caused this Agreement to be executed in its behalf, by the Chairman or its designee, as authorized by Resolution No. 0013 --yp and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee. This Agreement shall become effective on: COLLIER COUN' S (Seal) DATE, test a to nirn�aa �l�riat�lre � P� r as �3 PRINT E BATE CKai rwiom a-v) COLLIER COUNTY LEGAL REVIEW: BY: f " _aATV STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TTEST VZ4-v EXECUTIVE SECRETARY (Seal) eral� rle �l 13 P T NAME I DATE RE OV BY VIE I1 Af'v- 2ot3 DIST T A APE ARCHITECT DATE BY: 6 "� DISTRICT SECRETARY OR DESIGNEE DIS /TRICT ONE 3 PRINT NAME DATE FLA. DEPT. O TRANS. LEGAL REVIEW: BY: DATE Ln 4J ,C k W 'JY! 'UO'II�OIJro 3lHN N30NU OIlV3f ONY 03N91f 1111 JINOII1JJ11 3N1 fl Li3Nf fIHI 10 W0.JN TfJI!!O 3H � IION n �J( I A Ep Q 7 4 U R Z5 C Y "a a `J 2 a3 Z e 1:� W i i 4 O p1 i F Q z 0 Z a • Ij z l� Zg $ Z IiO 1�r'; aa O k q vl yqj t sWs�� yaQj W oW� w �3W �y�Yy2j yy Ala 3 ��W d qvt A_j t =g 2< 2 =�y31 ti�j ` N N H 3 ji5yb O Lt WYa Z41`�3 t ¢ N 1. x Kai Iy �'w 3a �� � WWY R� 4��� �� VOyZ�j � ,=p{xWaaZZ yWWgyy��xyau��p�W��� � :� W��[y� �O � ~�W J ~ z a W � s � Y i a � 2 ~ 3 � I A x w •T^� 'U?11'018r1 J1IM1 LbN/1 OiIVJi bW.'a]r/9K 31rf JINOYlN1i R.I. v "awl a- f0'oYG.�DY T ry I � O ,M 0. U h 4 1 Os ; I •rl .Q k W 16A, 9.4 l'N3 n vwAtn omn aAw aimms 3 j J NOtl( a 301 SI A33N4 Simi 30 Otl0)3Y M7/!.. 3N1 -3wip. 16A 9 LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this day of , 20135 by and between Collier County, Florida, a political subdivision of t1le State of Florida whose mailing address is 3329 Tamiami Trail East, Naples, FL 34112 (the "County "), and Naples Heritage Golf and Country Club, whose mailing address is 8150 Heritage Club Way, Naples, FL 34112 (the "Association "). RECITALS: WHEREAS, Association is the owner of certain tracts of real property in Naples Heritage Golf and Country Club according to the plat thereof recorded in Plat Book 26, Pages 73 through 80, Plat Book 28, Pages 11 through 13, and Plat Book 28, Page 57, inclusive, of the Public Records of Collier County, Florida; and WHEREAS, the Association lies immediately south of State Road 84, Davis Boulevard, east of Santa Barbara Boulevard and west of Radio Road; and WHEREAS, the State of Florida is the owner of that certain right -of -way located in Collier County, Florida, and specifically located within the right -of -way of SR 84, (the "Right -of Way "); and WHEREAS, the Association is desirous of maintaining certain landscaping improvements within a portion of the Right -of -Way abutting the Association's property (the "Abutting Right -of- Way "), at its sole cost and expense; and WHEREAS, the County has entered into a landscape maintenance and installation agreement with the State of Florida Department of Transportation ( "FDOT ") attached hereto as Exhibit 1; and WHEREAS, in keeping with the above, FDOT on behalf of the Association has submitted landscape and irrigation construction documents prepared by a licensed landscape architect for County review.; and WHEREAS, FDOT will provide the funding and initial installation of the landscape improvements and first year of maintenance of such landscaping, as described in the landscape plan attached hereto as Exhibit 2; and WHEREAS, it is the intent of the parties that the Association assume the responsibility for the maintenance of the landscaping within the Abutting Right -of -Way as required by FDOT standards; and NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: INSTR 4835527 OR 4917 PG 2498 1 of 4 RECORDED 5/8/2013 10:29 AM PAGES 15 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $129.00 16A 9 1. County hereby delegates to the Association the requirement to maintain the landscaping of the Abutting Right -of -Way, as depicted in Exhibit 2 and entitled "Area to be Maintained by Naples Heritage." The Association shall also follow the Collier County Maintenance specifications attached as Exhibit 3, as applicable. 2. After FDOT constructs the landscape planting, the Association agrees to maintain the landscaping improvements as set forth in Exhibit 2 (the "Landscaping ") 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 maintain the Landscaping in accordance with Exhibit 2 and Exhibit 3, as applicable, the County may provide notice to the Association in writing, specifying the nature of the deficiency. Within twenty (20) 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 Landscaping 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 Landscaping, 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. Should FDOT require removal of all or some of the Landscaping, then County shall provide written notice to the Association. Association shall have twenty (20) days to remove the Landscaping or the County may remove the Landscaping and present a bill to the Association for the actual costs. The association shall reimburse the County for the costs within thirty (30) days of receipt of the County's bill. 5. 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 maintenance of the Landscaping or failure to maintain the Landscaping. 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. 6. 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 maintain the Landscaping as required by this Agreement and the Abutting Right -of- Way 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. 2 of 4 16A 9 7. 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. 8. 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 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 Landscaping and will restore the Abutting 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 Landscaping or restoration of the Abutting 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. 9. 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. 10. 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. 11. This Agreement is the entire agreement between the parties, and supercedes 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. 12. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 3 of 4 16A 90 In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. CO A ST: Dwi E. Brook, Clerk Ge( ttest,as to Chairman's signature only. WITNESSES: By: 'Printed I amep/jJ., Mr. N Presid Printed Name: j�z fir. STATE OF FLORIDA COUNTY OF COLLIER COMMISSIONER , FLORIDA , Esq., Chairwoman Heritage Golf and ;iation ") a� Signed and acknowledged on this day of n� , 20Ilf before me, the undersigned notary public, by Norman Krivosha, President of Naples Heritage and Country Club, a Florida corporation not - for - profit, on behalf of the corporation. He W is personally known to me or [ ] produced as identification. My Commission Expires: Approved as to form and legal sufficiency: Emily R. Pe n Assistant County Attorney Notary Public Printed Name: R-yw, U—Cuo 4 of 4 `�ti'pY PV4 °. `p% AMY GANT ;r Not Public -State of Florida " My Comm. Expires Apr 10, 2014 �%,��F� f`OpP:� ��������� Commission # DD 959161 Bonded Through National Notary Assn. 16A 911 Exhibit "2" See Exhibit "C" Landscape Plans f 4J A x W JY! 'IWY 010 VAW MR" Olwas OMY amm lu! JWw /Jill lN' 57 'jaw Simi m (WO-W WINA1• a M' 9'ID 4 O O Dig N �p N I f � O U Q Y 0 pa W v c V C O` 9 `+ V '09 i O QO ae � 60 p0 O 0 0 �� 00 a0 O 00 00 00 O I p0 o� �O - 6 �a �0 6 O .00 QO ri I ei !i ri �s r sn' �i ar !i ri ii si °s a M' 9'ID 4 O O Dig N �p N I f � O U Q Y 0 pa W v c V C O` 9 `+ 9 x w 'JY'! '1!0'11 -01919 rw M30W1 031Y3S' OIp"Q3M91S 311! ]iWJYJ]313 3MJ V J33NS SWJ JO O 20 00'09+£031 'vis 3NIl N�1VM i i i e I V i V i i �i �I V Q �t N j � 2(F ;r ct t i 1 t ;t s t i II j !1 r x 1 ! 1 f Iii 1 ! C! 1; ! ! 1 t 1 :C4 , tr 4a id 1z ® .400.0 _C N Q U y _ n afi �o W y O y4 q i 9 m J Q Z 0 F— z gp 111 Q 9 i z a it III 311 1 9-4 3 m .30N. Qjwn OW ORRMS vj, YNOMA.Ma and st "ms SINJ 'a Mo3w M. 37110N � m MATS 0 16A gi Exhibit "Y' RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICATIONS These specifications are intended to provide the information by which private entities may understand the minimum requirements of Collier County relative to maintaining County rights of ways. Records of all specification requirements shall be kept and made available to the County's representative upon request. A. MOWING AND EDGING: Mowing and edging shall include medians as well as those areas, if existing, along the outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half inches (3 ''/2 "). The frequency of cutting will be weekly or fiftytwo (52) times. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all planting beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts, and trees. Metal blade edging is not permitted along back of curbing. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right -of -way areas. B. WEEDING: Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as well as other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. C. GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below ten -foot (10') foot. All groundcovers, shrubs, canopy trees and palms up to ten foot (10') level, shall be inspected and pruned on a weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by County's representative. Pruning shall also include removal of water sprouts, suckers and any dead or diseased foliage or branches. During the first week of October and April, ornamental grasses, such as Fountain grass, Florida Gamma or Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12 ") or twenty-four (24 ") height based upon the type of plant. Ornamental type grasses such as Liriope muscari `Evergreen Giant', shall only be pruned at the direction and approval of the County's representative. Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimum height of one hundred twenty inches (120 "). Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain one foot (1') of clearance from the edge of the pathway. IT is recommended that adjacent shrubs and groundcovers be maintained so that they angle or are rounded away from the pathway. D. TRASH REMOVAL: With each service, all sites shall be cleaned by removing all trash or debris to include, but not limited to; paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick -ups shall be performed "prior" to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. 1 of 5 16A 91 E. STREET CLEANING /SWEEPING: Street Cleaning: A four foot (4') wide area measured from the face of the curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris or objectionable growth so to maintain a neat and safe condition. F. TRAFFIC CONTROL: The developer shall comply with the requirements of Collier County Maintenance of Traffic (MOT) Policy, copies of which are available through Risk Management or the Purchasing Department. The Developer shall obtain and review the County MOT policy requirements prior to submitting a bid. The Developer will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standard Indexes, or other related documents, so to become familiar with the requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. To assist in employee visibility; approve bright day glow red/orange colored safety vests shall be worn by employees when servicing the area. G. CANOPY TREE AND PALM PRUNING: For this site, canopy trees shall be defined as any large shrub, tree, or palm with foliage above a ten -foot (10') level. All canopy trees and palms shall be pruned on a continuous basis to create and maintain a seventeen -foot (17') canopy clearance over the roadways and a ten -foot (10') canopy clearance overall pathways. Canopy trees shall be selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and to shape the canopy of the trees. The County's representative shall approve a professional licensed to prune tress under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall do the pruning and sharpening. The work shall be performed per ANSI AS300 "Standard Practices for Trees, Shrubs, and other Woody Plant Maintenance" and done in a professional manner in accordance with "Pruning Standards" of the national Arborist Association or accepted local trade standards and practices. Palms shall be pruned annually during June of each year. The palms shall be pruned to a "Tropical Cut" or to a nine (9) o'clock- three (3) o'clock angle from the horizontal at the base of the palm's bud or lowest fronds. Approximately seven (7) to (10) ten green fronds shall be left at the head after pruning. The pruning shall include removal of all nuts, seed stalks, brown or dead and lower fronds. The work shall be done in a professional manner in accordance with acceptable trade standards and practices. The palms shall not be climbed with tree spikes to remove the fronds. The pruning shall be accomplished by the use of a ladder, boom truck or lift. All debris from the pruning shall be removed and the site shall be left on a clean and neat manner. When the annual or bi -annual heavy pruning work is being performed with the use of a lift or boom truck, it is required that the adjacent traffic or turn lane to the work area, be closed using traffic control devices and signage per the current FDOT traffic control standards and indexes. H. FERTILIZATION: Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve -inch (12 ") wide radius ring around the base of the plants. Granular fertilization of the trees and palms shall be determined by the caliper (diameter) of the trunk and broadcast by hand in a band around the plant's base from a distance of 12" to the drip line of the palm, whenever possible. An 8 oz. cup equals one (1) pound. Trees and palms shall receive one (1) cup per one -inch (1 ") caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3') of height or spread. Shrubs and groundcovers shall receive one -half (1/2) cup per eighteen inches (18 ") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. Turf Areas and Plant beds containing Shrubs, Groundcovers, and Trees. 2 of 5 16A 9 ! The (13 -3 -13) fertilizer shall be applied at a rate often (10) pounds per one thousand (1000) sq ft. for all areas. Four applications of (13 -3 -13) fertilizer will be applied yearly during the months of February, May, July, and October. Palms: Developer shall apply approved by County's representative palm fertilizer during February, May, July, and October as specified below. Should yellowing occur on the top of the fronds, manganese sulfate will be required and if on the lower fronds, Sul - Po-Mag or equivalent will be required to be applied with the palm fertilizer at the rates specified. I. MULCHING: Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for a four inch (4 ") non - compacted or unsettled depth measured from the existing soil grade. The area to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of the mulch. Two inches must be applied to replenish this mulch twice a year, November and during May. LANE CLOSURE: Lane closure for median maintenance shall be limited. Upon proper placement of the lane closed signs, pre- warning signs, arrow boards, traffic cones form the existing soil grade. K. IRRIGATION SYSTEMS: The irrigation systems shall be checked and repaired as necessary. Each zone shall be manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper operations of the system. Quick coupling valves, if existing shall be reviewed weekly and operated quarterly to insure proper operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or replacement of risers, repair of minor PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes /lids and adjustment of controller and rain shut off switches for settings and operations. Where required, the Developer shall maintain on site reclaimed water irrigation signage. SUBSURFACE IRRIGATION SYSTEMS: No excavation or mechanical metal edging around plant beds shallbe done within the Right -of -way. Mechanical metal blade edging is permitted along the back of curbing. Weekly Service Requirements: 1. A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the systems are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as necessary. This shall also include review and re- setting of the controller and in- ground moisture sensor adjustments or other rain sensing devices as needed. 2. System Computer /Controller a. Operate, adjust, and set controller to provide proper operation of the systems. b. Diagnose and repair electrical and mechanical malfunctions. c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings. d. Operate controller on automatic, manual and single trip operation. e. Monitor controller standby battery backup and replace as required. 3. Automatic Control Assemblies and Quick Coupling Valves a. Review control valve assembly and bypass system for proper settings. b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; pressure gauge operation; proper settings and are clean of debris or mulch. 4. Pump Sites a. Inspect for proper operations. b. The Developer shall record and provide to the County's representative the well water now meter readings for the two well locations on the General Maintenance Report Sheets. 5. Review system water source connections to include water meters, backflow preventers, gate valve points of connection and main lines for proper operation. Monthly Service Requirements: 3 of 5 16A 9" 1. Automatic Control Valve Assembly Manually operate valves, and clean valve assembly filters 2. Backflow Assembly Review assembly for proper operation and clean filter as needed 3. Quick Coupling Valves Review boxes and operate valve 4. Pump Sites a. Once a month, the Developer will trouble shoot each pump station, checking amperage draw and document the results for future reference. b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are spraying onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper coverage. c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. d. The Developer will clean the strainers filters and inspect them for wear at the Pump Station. Manually run the system with open flush caps and review sprinkler head indicators located at the end of zones. Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at the end of zones where present to determine the system and porous piping is functioning properly. Check, analyze and adjust flow control devices as required. Quarterly Service Requirements: 1. Review all subsurface system piping, valve assemblies, wiring, moisture sensors and controllers for overall operation and provide adjustments as required to assure proper operation and irrigation application. Conventional Pop -up Irrigation Systems: Weekly Service Requirements: 1. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair system for any blown -off heads, broken lines or leaks around heads or valves. 3. Check the controller and rain sensing devices for proper operation and settings. 4. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100 %) irrigation coverage. 5. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. Monthly Service Requirements: 1. Manually run the system, clean and adjust sprinkler heads /nozzles and concrete donuts as necessary to ensure proper coverage and that there are no sprinkler heads /nozzles spraying directly onto the roadway. a. Each median and side right -of -way zone shall be manually turned on at the valve to ascertain proper operation of the system. b. Repair system for any blown -off head, broken lines or leaks around heads or valves. c. Check the controllers and rain sensors for proper operation and settings. d. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100 %) irrigation coverage. e. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. General Service Requirements for Irrigation Systems: 1. Should South Florida Water Management District or other governing agency establish water restrictions, 4of5 16A 9 the irrigation systems shall be inspected and all other controllers set to the mandated hours of operation set by the District or Agency. Subsurface systems are exempt from water restrictions. 2. Replace defective heads or nozzles, install or replace defective risers and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes /lids if caused by the Maintenance Developer. 4. Inspect, clean, and replace, if necessary, screen /filters within the sprinkler heads. 5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two inches (2 ") above finished mulch. 6. One hundred percent (100 %) irrigation coverage shall be maintained within all irrigated landscaped areas while this Contract is in effect. Notification to the County's representative is required when acts of vandalism or accidents have occurred to the irrigation system. Photos shall be taken and provided to the County's representative at no added cost. Miscellaneous Irrigation Maintenance Responsibilities: 1. Should the temperature be forecast to be below thirty-four (34) degrees, the Developer shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems or additional irrigation maintenance needs. 3. The irrigation service personnel must trouble shoot time clocks, i.e. power -in 110 volt and 24 -volt fuses, 24 volts output when necessary. 4. The irrigation services personnel must trouble shoot any pump start relay, main fuses and capacitors when necessary. L. BRICK PAVERS: All median brick paving shall be pressure cleaned twice per year, in April and November, to remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the developers shall clean -up debris if present, and or flag off the areas with protective barriers and/or high visibility hazard tape. Damaged areas must be repaired as quickly as possible. M. PEST CONTROL: Trees, Palms, Shrubs, Groundcovers, and Sod must be closely monitored for pests and diseases and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative. 5 of 5