Backup Documents 04/09/2013 Item #16A13 AtAA4-
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP (ALLO.X0-0A-0.-%,
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO C..f'( S-.
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and on 'nal
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with t e
exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#6).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.Jeff Klatzkow County Attorney's Office
2.
3.
4.
5. Executive Manager to the BCC Board of County Commissioners
6. Minutes and Records Clerk of Court's Office (�� L(l . (
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who creatediprepared the executive
summary.Primary contact information is needed in the event one of the addressees above,need to contact staff for additional or missing information.All original
documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.)
Name of Primary Staff Pamela Lulich A` '.v'e, , Phone Number 239-252-629
Contact wn.+rNFa
Agenda Date Item was April 9,2013 , / Agenda Item Number 16.A.13
Approved by the BCC V
Type of Document Landscape Maintenance Agreement Number of Original i1'£
Attached 9,, �ar,� e.S . y-. Documents Attached
Sew '�G INSTRUCT U S & HECK IL ST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be New
signed by the Chairman,with the exception of most letters,must be reviewed and signed Originals
by the Office of the County Attorney. This includes signature pages from ordinances, need to
resolutions, etc. signed by the County Attorney's Office and signature pages from be
contracts, agreements, etc: that have been fully executed by all parties except the BCC initialed
Chairman and Clerk to the Board and possibly State Officials.)
2. Is the Chairman's original signature required? Yes
3. All handwritten strike-throughs and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board.
4. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date,whichever is applicable.
5. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's Yes
signature and initials are required.
6. In most cases(some contracts are an exception),the original document and this routing slip Yes
should be provided to Executive Manager in the BCC office within 24 hours of BCC
approval. 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!
7. The document was approved by the BCC on April 9,2013(enter date)and all than s '11\t N/A is not
made during the meeting have been incorporated in the attached document.The n option
County Attorney's Office has reviewed the changes,if applicable. f r line 6.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip,Revised 6-15-2011
16A13
LANDSCAPE MAINTENANCE AGREEMENT
Pr-`
This Landscape Maintenance Agreement is entered into this } , 2013, by
and between Collier County, Florida, a political subdivision of the State of Florida whose
mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the
"County"), and Strand Master Property Owners Association, whose mailing address is 2335
Tamiami Trail N, Suite 402,Naples, Florida 34103 (hereinafter referred to as the "Association").
RECITALS:
WHEREAS, County is the owner of that certain right-of-way located in Collier County,
Florida and known as Veterans Memorial Boulevard Right of Way (hereinafter referred to as
"ROW"); and
WHEREAS, Section 1-A-1 of the Construction Standards Handbook for Work Within
The Public Rights-Of-Way, Collier County, Florida(2009)provides as follows:
Permitting
The responsible property owner or his authorized agent must apply for a "Permit
to Perform Work and/or Maintenance in Public Right-of-way. "
WHEREAS, Section 1: Planning and Development of the Landscape and Irrigation
Specifications for Beautification Improvements within the Public Right-of-way, Collier County,
Florida(2009) provides as follows:
Improvements to unimproved medians in the right of way:A private owner, Developer or
civic or homeowners' association desiring to landscape within a public right-of-way
shall submit landscape and irrigation construction documents prepared by a licensed
landscape architect for County review. The Permit application shall include three (3) sets
of detailed plans indicating the existing right-of-way facilities and the type and location
of the proposed plantings, location of electrical and irrigation systems(s). After
acceptance of the landscape and irrigation plans, a landscape agreement shall be
prepared by the contracting parties and approved by the County Attorney's Office. (See
Appendix for example.) The purpose of the landscape agreement is to ensure that the
permittee, or his successors or assigns, shall be responsible to maintain such material
and irrigation system until removed or unless otherwise specified.
WHEREAS, in keeping with the above, the Association has applied for a Landscaping
Permit within the Public Rights-of-Way, and has submitted landscape and irrigation construction
documents prepared by a licensed landscape architect for County review. A copy of this Permit
and the plans are attached hereto as Schedule "A." The Association shall follow the Collier
County Maintenance specifications attached as Schedule`B."
NOW, THEREFORE, in consideration of the covenants contained herein, the parties
agree as follows:
1 of 4 4R 4 PG P
RECORDED INSTR 4826 4/17/58 O2013 409 M PA 12
DWIGHT E. BROCK, CLERK OF THE 1865 GE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$103.50
16 A13
1. Subject to the issuance of all necessary Permits, County hereby grants to the
Association the right to use those portions of the ROW depicted in Schedule "A," for the sole
purpose set forth in Schedule "A." The Permits address, among other things, the timing of the
work, maintenance of traffic flow during construction, and the permissible lane closures during
the time that work is to be performed.
2. The Association agrees to construct and maintain the improvements set forth in
Schedule "A" (hereinafter referred to as"Improvements") at its sole cost and expense, until such
time as the County executes a release from indemnification as discussed below.
3. Should the Association fail to construct or maintain the Improvements in accordance
with Schedule "A" or current law at the time of this Agreement, the County may provide notice
to the Association in writing, specifying the nature of the deficiency. Within five working days
following receipt of such notice, the Association at its sole cost shall cause the appropriate
repairs or cure to be effected. In the event damage to, or failure to maintain the Improvements
results in a situation where public safety is at risk, (1) the Association shall effect repairs within
twenty-four hours of receipt of the County's written notice, or (2) the County may, at its option,
effect repairs to the Improvements, without the need for prior notice to the Association, and will
promptly bill the Association for all actual costs incurred in effecting the repairs. The
Association shall reimburse the County for such costs within thirty days of receipt of the
County's bill.
4. The Association, as Indemnitor hereunder, shall indemnify and save harmless the
County, as Indemnitee hereunder, including all employees of the County, from any loss or
damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines,
penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation,
against the County arising out of the Association's use of the ROW for the purposes set forth in
this Agreement, including the construction and removal of the Improvements. The Indemnitee
shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's
obligation hereunder without the prior consent of Indemnitor, such consent to not be
unreasonably withheld.
5. The indemnity provided for by this Agreement will extend from the date of this
Agreement until such time as the parties hereto acknowledge in writing that the Association has
ceased to use the ROW for the purposes stated within this Agreement and the ROW has been
restored as set forth below, at which time, following receipt of the Association's written request,
the County will execute a release from indemnification in favor of the Association.
6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the
County in connection with this Agreement, within thirty days of the date that County is aware of
such claim.
7. Unless terminated as set forth below, this Agreement shall remain in full force and
effect in perpetuity from the date first set forth above, and shall be binding upon the parties and
all their successors in interest. The Agreement may be freely terminated as of right by either
2 of 4
16 A 13
party, with or without cause, upon written notice to the other. If the Association exercises this
right, or if the County exercises this right based upon the Association's substantial breach of this
Agreement, then upon written demand by County, the Association, at its sole cost and expense,
shall remove the Improvements and will restore the ROW to the condition that existed
immediately prior to the effective date of this Agreement. If the County exercises this right, or if
the Association exercises this right based upon the County's substantial breach of this
Agreement, then the County will be responsible for any removal of the Improvements or
restoration of the ROW. Except for the above, neither party will be liable to the other for any
damages or claims resulting from the termination of this Agreement.
8. In the event either party hereto shall institute legal proceedings in connection with,
or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its
costs of suit, including reasonable attorney's fees, at both trial and appellate levels.
9. This Agreement may be recorded by the County in the Official Records of Collier
County, Florida. The Association shall pay all costs of recording this Agreement prior to the
execution of this Agreement. A copy of the Recorded Agreement will be provided to the
Association.
10. This Agreement is the entire agreement between the parties, and supersedes all
previous oral and written representations, agreements and understandings between the parties.
This Agreement shall be governed by the laws of the State of Florida, and may not be altered or
amended in any way, save by written agreement signed by both parties.
11. The rights and obligations of this Agreement shall bind and benefit any successors
or assigns of the parties.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PARE TO FOLLOW
3 of 4
16 A13
In Witness Whereof,the parties have caused these presents to be executed on the day and
date first above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATT F.
Dwight E.Brock.,Clerk 1.,- Hiller, Chairwoman
Attest as to ,i} t*nan
signature,only
WITNESSES: Strand Master Property Owners Association
("Association")
J2111-‘ �i�f�-�.�, Jrl cciti`i) By: ���-�--
' nted Name: Printed Name: L/5 If ,09.r,de°`s"gr
j / Title: 1/, P, -S 77 n �/ / ` ' ' n1 T .�
te
P • to
Name:
STATE OF FLORIDA
COUNTY OF COLLIER (�
Signed and acknowledged on this 7 day of Mttiell , 2013,before me,the
undersigned notary public,by Li 1&. So(1 , President of
S4raivc t-los r'�to�t'1ti (ors ,esSoci i d,a Florida corporation not-for-profit,on behalf
of the corporation. He [] is personally known to me or [v]'produced Vlorido-
T A ecS 1-Ice use_ as ident cati clew/wet
otary Public
Printed Name:--reeSLe��c* 1 c..r Co-dc
My Commission Expires:auc1 $4 (S--•
, 7C)1L1
TRESHE KALANI BARRACK
Notary Public,State of Florida
Appro ed o form „',, Commission#EE 14951
and le t: �ici-
; My comm. expires Aug.5, 2014
4 t
Ii,a0.6
Jeffrey '4'at ow
County , !`` ey
1 '
4 of 4
Right-of-Way Application 16 A 13
GROWTH MANAGEMENT DIVISION
ROW PERMITTING&INSPECTION
2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104
ROW Section Telephone Number: 252-5767 Inspection Telephone#252-3726
(For Courtesy Inspection, call 252-3726, Option 2, and leave a message for the Inspector)
FILL IN ALL APPLICABLE INFORMATION RIGHT-OF-WAY PERMIT#
PSP# SDP/AR# BUILDING PERMIT#
PROJECT NAME Strand Landscaping Project in Veterans Memorial ROW
Check Right-of-Way Type
RESIDENTIAL FEES APPLICATION CHECKLIST
❑ Construction (Driveway/Sidewalk/Landscaping) $200
❑ Renewal/Modification (Unexpired Permit) $100 ❑ Copy of house survey with
❑ Jack-and-Bore/Directional Bore $500 A sketch for the request
❑ Sprinkler Head $50 ❑Application fee
❑ Open-Cut $2,000 ❑ Details for request
❑ Miscellaneous Events $200 - (location, size, etc.)
❑ Other
COMMERCIAL SMALL DEVELOPMENT LARGE DEVELOPMENT
❑ Construction (All) $1,000v/$2,000A $2,000v/$4,000A
❑ Renewal/Modification (Unexpired Permit) $500 $1,000
❑ Jack-and-Bore/Directional Bore $1,000 $2,000
❑ Sprinkler Head ' $200 $400
❑ Turn-lane/Median $1,500 $3,000
❑ Open-Cut $4,000 $6,000
❑Work in the ROW without Lane Closures $50v/$100A $100v/$200A
❑Work in the ROW with Lane Closures See Exhibit"A" •-JUN.-NOV.
❑ PSC Regulated Franchise Utility $100 + $50 per day Inspection Fee •-DEC.-MAY.
COMMERCIAL ONLY: FEE PAID $200
_Please submit 2 sets of signed and sealed plans_ Est. Number of Days in ROW (If applicable)
PLEASE PRINT Total Amount
Today's Date February 8.2013 Paid $200
Make checks payable to: Board of County Commissioners Receipt#
Approval is hereby requested by(Owner Name)
For the purpose of Landscaping Veterans Memorial ROW when Brazilian Pepper Trees were removed in Summer 2013
At/on (project street Address) The project is at the undeveloped, Eastward extension of the Veterans Memorial ROW
Lot No. Block Unit Tract Portion of Tract N E S W
Subdivision Sec. ; Twp. ; Rge. E.
Folio No.
Property Name Strand Master Property Owners Assocatioi Contractor/ Name
Owner's Contact Name Lisle Anderson Agent Contact Name
Info. Mailing Add. ,995TamiamlTrail�4iuta4n7 information Mailing Add.
City/State/Zip Naples,Florida 34103 City/State/Zip
Telephone 7.'4q-2nR-i1Rg Telephone _
Email: lisleanderson @msn.com Contractor's License Number
1. Work shall be performed in accordance with approved plan, 4. If the application is made by any person or firm other than the owner of
Conditions of Permit appearing on reverse side, stipulations the property involved, a written consent from the property owner shall
specified as part of this permit and in accordance with Collier be required prior to processing of the application.
County Ordinance #09-19 and the "Public Right-of-Way 5. Growth Management Division approval does not exempt the permittee
Construction Standards Handbook,"latest edition. from gaining approval from any State,Federal or Local Agencies having
2. Applicant declares that prior to filing this application he has jurisdiction over the proposed work.
ascertained the location of all existing utilities, both aerial and 6. I have read the Collier County Right-of-Way Permit Notes and
underground. Any changes to any utility shall be the responsibility Conditions and agree to conduct all work in accordance with the County
of the Permittee for all cost. Ordinance #09-19,as amended and all applicable all County and State,
3. This permit is contingent upon Permittee obtaining necessary codes and laws,as amended. Under penalties of perjury, I declare that
rights of entry for construction and maintenance where required I have read the forgoing permit application and that facts stated in it are
right-of-way for public use has not been dedicated and accepted by true.
Collier County.
X
AUTHORIZED SIGNATURE
•
CONDITIONS OF PERMIT
16 A 13
1. This permit must be kept on the work site and be available upon request or prominently displayed.
2. Permits are required for all work performed in any rights-of-way or easements provided for public use in the unincorporated area of Collier County and in those
public rights-of-way or easements,which are maintained by Collier County,but lie within municipal boundaries.
3. When permitted facilities are placed within a public right-of-way or easement,the installation is for permissive use only and placing of facilities shall not operate to
create or vest any property right in the associated right-of-way or easement to the permittee. Furthermore,the permittee shall be responsible for maintenance of
such facilities until they are removed,unless otherwise specified.
4. All materials and equipment,including Maintenance of Traffic(MOT)and equipment placement,shall be subject to inspection by the Growth Management Division.
5. Requests for pre-inspections shall be made 72 hours prior to commencing work requiring inspection.
6. No lane closures will be permitted between the hours of 7:00—9:00 A.M.and 3:30—6:30 P.M.
7. Prior to construction, the Contractor/Permittee shall submit a Maintenance of Traffic plan (MOT)for any construction project involving work or activity that may
affect traffic on any County street, roadway or bikepath/sidewalk. The MOT must be signed by either a Professional Engineer or person certified by the
International Municipal Signal Association (IMSA) if affecting Arterial or Collector Roadways, unless waived by the Growth Management Division, Road
Maintenance Department. The driveway fill and driveway culvert including soil erosion/sedimentation control measures must be installed prior to the start of any
earth moving construction activity with drainage plans,culvert size, soil erosion/sedimentation controls,elevation offset,and ditch slope designed and certified by a
licensed engineer for all commercial projects.
8. During construction the Contractor/Permittee shall comply with the "State of Florida Manual of Traffic Control and Safe Practices for Street and Highway
Construction, Maintenance,and Utility Operations"and with the"Manual On Uniform Traffic Control Devices"and with all other governing safety regulations and
shall maintain the approved site drainage plan and soil erosion/sedimentation control plan.
9. The Permittee shall hold the County harmless and the County shall be relieved of all responsibility for any damage or liability of any nature arising from work
authorized and performed under this permit.
10. All crossings of existing pavement shall be made by jacking and boring at a minimum depth of thirty-six inches(36"),unless otherwise authorized by the Growth
Management Division for good cause shown.
11. All overhead installations must meet a minimum four foot separation to communication lines(both vertically and horizontally), minimum seven foot separation to
guys (both vertically and horizontally) and minimum ten foot separation to neutrals (both vertically and horizontally), and meet and/or exceed all other OSHA
requirements as may be determined by OSHA clearance requirements and/or formulas relevant to overhead lines clearances and/or separations requirements
(both vertically and horizontally), and all underground crossings shall be placed at a minimum depth of thirty-six inches (36") below the pavement and/or a
minimum depth of twenty-four inches(24")below the designed roadside ditch or swale invert. Primary cable(voltage exceeding 500 volts)shall have minimum
thirty-six(36")cover. Secondary cable (voltages less than 500 volts)shall have a minimum thirty-inch(30")cover. Exception may be made by authority of the
Growth Management Division for good cause shown.
12. Two prints of the proposed work covering details of this installation shall be made a part of this permit. If additional plans are required,they shall become a part of
this permit.
13. Following completion of all permitted work,grassing and/or seeding shall be required for any disturbed rights-of-way.
14. All property disturbed by work authorized by this permit must be restored to better than,or equal to,its original condition,and to the satisfaction of the County.
15. Whenever deemed necessary by the County for the construction,repair,maintenance,improvement,alteration or relocation of applicable right-of-way or easement
and when so notified by the County,any or all poles,wires, pipes,culverts,cables, sod, landscaping, driveways, sprinklers,or other facilities and appurtenances
authorized shall be removed from said right-of-way or easement,or reset or relocated thereon as required,to be installed by this Permit,and at the expense of the
permittee,his successor,or assign.
16. When the permittee,or his successor,or assign is notified of a need for construction,repair,maintenance,improvement,alteration of or relocation within the right-
of-way or easement and no action is taken by the responsible party within the time frame specified by the County,the County shall cause the permitted work to be
altered,relocated,or removed,with the total expense being borne solely by the permittee or the responsible party.
17. Permits shall generally be in a form approved by the Board of County Commissioners and shall include the time of commencement,the number of days the job is
expected to take,and the approximate date of completion. The permit will expire ninety(90)days after the designated completion date, unless authorized in the
specific instance for a longer or shorter period. If the work has not been completed by the expiration date,there will be a renewal fee,set by Resolution, payable
upon extending the expiration date for an additional ninety(90)days.
18. All correspondence regarding construction procedures will be through the permittee, or his authorized agent or consultant, and not through any contractor or
subcontractor.
19. If there are any lane closures or work that will impede normal traffic flow. The permit holder is obligated to inform the road alert coordinator at 239-252-8192 and
the ROW Permit Section at 239-252-5767,three working days prior to construction.
20. Collier County Traffic Operations Inspection Staff shall be notified in writing either via form letter(To: Collier County Traffic Operations, 2885 Horseshoe Drive
South, Naples, FL 34104) or email(TrafficOps(c�colliergov.net)a minimum of 72 hours prior to the commencement of jobs that include overhead or underground
work that will be conducted as part of construction or maintenance projects within Collier County or State Road rights-of-way within Collier County and 12 hours
prior to any and all daily work to be performed throughout the entire length of construction or Maintenance projects. Any rescheduling of work shall be provided in
writing. All underground facilities must be located prior to construction.
21. Prior to acceptance by the County(including issuance of Certificate of Occupancy),the ROW Permitting Section shall be notified by mailing or delivering a request
for a final inspection to the ROW Permitting Section,2885 South Horseshoe Drive, Naples, FL 34104, or by phone,239-252-5767, upon completion of authorized
work. All as built surveys shall be submitted in GIS format following Collier County Growth Management Division Standard for Design and As-Built Electronic
Drawings(APPENDIX B)in addition to signed and sealed copies of the as-built survey.
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ic g a l I PELICAN STRAND - North Boundary andrew d. eisele, Ilc
f\-) Pelican Strand Master Association
LANDSCAPE ARCHITECT
s g 2316 Pine Ridge Road,•440• Naples.FL 34109
a x F 2335 Tamiami Tr N,Suite 402,Naples,FL 34103 239.776.6351 e:°ndrew®°delsele.com
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SCHEDULE"B"
RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICATIONS
A. General Landscape Maintenance: Mowing, Edging, Weeding, General Site Pruning, Trash
Removal, Canopy Tree and Palm Pruning, Fertilization, Pest Control, and irrigation
maintenance are to follow the current maintenance specifications of the Strand Master
Property Owners Association.
B. Irrigation Maintenance: The Association may extend an existing irrigation system as
specified in landscape and irrigation plans. Any extensions to the irrigation system will be
installed and maintained in accordance with the current existing irrigation system's
specifications and maintenance schedule. If landscaping consists exclusively of native
species and the plants are established through installation then extensions to the irrigation
system may not be needed and a manual watering schedule may be established.
C. Exotic Control: The Association will inspect for and remove Brazilian pepper trees& other
exotics according to the current Associations' schedule for exotic inspection and removal
which is currently every 6 months.
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