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Backup Documents 01/24/2012 Item #16A11ORIGINAL DOCUMENTS CHECKLIST & ROUTIN LI� ,14 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEND T 1,( HE 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 original 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 the exception of the Chairman's signature. draw a line throueh routine lines #1 through #4 complete the rheciclict and fn—nrd to Tan Mitrhrll /Tina lt;l - Route to Addressee(s) (List in routing order) Office Initials Date 1. J A/--A ,:24 ZU k Z Agenda Item Number 16 A( C 12 2. LttpAt>5cA PC r" A r/NT . AGRNM ,Number of Original 3� 3. A r— T . E5 VosA -�,o,J Documents Attached 4. S;=FF w21cHT- A ss-r. . c o . - x,21.1 �. Co coot Vy A TT 5. Ian Mitchell, BCC Supervisor Board of County Commissioners X\1 zq l z 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION L -Z`j (The primary contact is the holder of the original document pending BCC approval. 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, including Ian Mitchell, 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 Contact ��cv S c /J D2 c C jG� Phone Number �/ '96? 1 t Agenda Date Item was Approved by the BCC J A/--A ,:24 ZU k Z Agenda Item Number 16 A( C 12 Type of Document LttpAt>5cA PC r" A r/NT . AGRNM ,Number of Original 3� Attached A r— T . E5 VosA -�,o,J Documents Attached i INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.244.05, Revised 7.31.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is s N/A (Not a ro riate. Nitial) /Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from X\1 contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's j Office and all other parties except the BCC Chairman and the Clerk to the Board N ZA 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell 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! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.244.05, Revised 7.31.09 16A11 MEMORANDUM Date: March 14, 2012 To: Kevin Hendricks, Right -of -Way Manager Transportation Engineering & Construction Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Certified and Recorded Landscape Maintenance Agreements with the Abbington Village Condominium Association and Four Fountains, Inc. (Naples Manor North Canal - LASIP Project) Attached for your records, are certified copies of the documents referenced above, (Item #16A11) approved by the Board of County Commissioners January 24, 2012. The Minutes and Records Department will hold the original agreements in the Board's Official Records. If you have any questions, please call me at 252 -8406. Thank you. Attachment 16A11 LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this 2.4 day of 2012, by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "County "), and ABBINGTON VILLAGE CONDOMINIUM ASSOCIATION, INC. a Florida not - for -profit corporation, whose mailing address is c/o Guardian Property Management, 6704 Lone Oak Boulevard, Naples, Florida, 34109 (hereinafter referred to as "Association "). RECITALS: WHEREAS, County is the holder of that certain Drainage Easement located in Collier County, Florida, created and dedicated to the perpetual use of the public by the plat of Lely Golf Estates Tract Map, recorded in the public records of Collier County in Plat Book 8, Page 20, as later modified by the recording of the plat of Lely Golf Estates St. Andrews West in Plat Book 10, Page 93 of the public records of Collier County (hereinafter referred to as the "Drainage Easement "); and WHEREAS, County intends to utilize a large part of the above - referenced Drainage Easement to improve a segment of the Naples Manor North Canal as part of the Lely Area Stormwater Improvement Project; and WHEREAS, utilization of County's Drainage Easement for the construction of improvements to the Naples Manor North Canal will necessitate removal of the existing vegetation from the Drainage Easement, which vegetation has served as a visual buffer from the existing section of the Naples Manor North Canal located immediately to the south of Abbington Village; and WHEREAS, County, desires to restore for the Association a visual buffer from the Naples Manor North Canal within the northerly five (5) feet of the Drainage Easement (hereinafter referred to as the "Hedge ") after the existing vegetative buffer has been removed and the County's improvements are constructed; and WHEREAS, County desires to allow Association to choose from selected plant species for the Hedge; and WHEREAS, Association desires to assume all maintenance responsibilities for the Hedge after its installation. NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 1 of 5 INSTR 4665202 OR 4771 PG 1020 RECORDED 3/6/2012 11:30 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $44.00 16A11 2. County at its sole cost and expense shall plant Sweet Viburnum within the northerly five (5) feet of the Drainage Easement, and shall have sole discretion in the manner of planting and the size of the Hedge plant material installed initially, except that the Hedge plants shall be 10 gallons in size at time of planting, spaced five feet on center, and County shall replace any Hedge plants which fail to survive for a period of one year from the date of their planting along the entire length of the drainage easement where it crosses the Association property. Should there be any conflict between the existing Royal Palm tree located approximately 30 feet west of Association's Building G and the County's proposed improvements, County, at its sole cost and expense, shall relocate the said tree to a new location in the same general area such that conflicts with County's proposed improvements are eliminated. 3. The Hedge shall be trimmed and maintained by the Association such that leaves and branches are confined within the northerly 5 feet of the Drainage Easement. Should Association fail to trim and maintain the Hedge in the manner specified above, County may provide notice to Association in writing, specifying the nature of the deficiency. Within ten (10) working days following receipt of such notice, Association at its sole cost shall cure the deficiency. In the event Association fails to cure the deficiency County may cure the deficiency, without the need for prior notice to the Association, and will promptly bill the Association for all actual costs incurred in curing the deficiency. The Association shall reimburse the County for such costs within thirty (30) days of receipt of the County's bill. 4. Association shall indemnify and save harmless County, including all employees of County, from any claim of loss or damages, including attorneys' fees and costs of litigation, allegedly incurred or suffered as a result of the Association's use of the Drainage Easement for the purposes set forth in this Agreement. This indemnification shall extend to all individuals and entities employed by the Association for the purposes maintaining the Hedge. 5. The indemnity provided for by this Agreement will extend from the effective date of this Agreement until such time as the parties hereto acknowledge in writing that the Association has ceased to use the Drainage Easement for the purposes stated within this Agreement and this Agreement has been terminated. 6. County shall provide Association with thirty (30) calendar days written notice of County's intention to begin construction within the Drainage Easement. Whereupon Association shall promptly remove from the Drainage Easement any and all improvements which the Association desires to retain. Upon commencement of construction, any and all improvements located within the Drainage Easement shall be removed and disposed of by County's construction contractor with no liability therefore, except that the Royal Palm tree referenced in Paragraph 2 shall be relocated at the expense of County prior to commencement of construction. 2 of 5 16A1J. 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. In the event this Agreement is terminated by the Association for whatever reason, then the Association shall be responsible for removal of the Hedge at its sole cost and expense. In the event this Agreement is terminated by County due to Association's failure to cure cited deficiencies, then upon written demand by County, the Association shall remove the Hedge at its sole cost and expense. 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. A copy of the recorded Agreement will be provided to the Association. 10. 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. 11. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. 12. Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or registered or certified mail, return receipt requested, postage prepaid or personal delivery addressed as follows: If to County: Attn: Jay Ahmad Director, Transportation Engineering & Construction Management 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239 - 252 -8192 Fax 239 -530 -6643 With a copy to: Jeffery A. Klatzkow County Attorney Office of the County Attorney Harmon Turner Building 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 Telephone 239 - 774 -8400 Fax 239 - 774 -0225 3 of 5 16A11 If to Owner: Gary Hyrcych 252 Pebble Beach Circle Suite C -202 Naples, Florida 34113 Telephone: (239) 404 -0898 With a copy to: John Barrett Guardian Property Management 6704 Lone Oak Boulevard Naples, Florida 34109 Telephone (239) 514 -7432 Facsimile (239) 514 -7759 In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. As to CAW!, ')P e) M1�h �e AT E ;..T: ` - Dwight E., ro •4�Ita'�` o�'��.. As to Association: WITNESSES: (Si ature) MICHELLE L. SWEET (Print full na e) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IL4 W. CJ,,,L FRED W. COYLE, Chairm ABBINGTON VILLAGE CONDOMINIUM ASSOCIATION, INC., a Florida not - for - profit corporation By: (Signatu ) G C ., (Print f ll name) (Corporate Title) 4of5 Item # L-�- Agenda Date Re d eou e 16A11 STATE OF FLORIDA COUNTY OF COLLIER THIS LANDSCAPE MAINTENANCE AGREEMENT was signed and acknowledged on this e,�- day of 2011, before me, the undersigned notary public, by 64.0 IL,uu;S HP- VCycµ , as _P'i94u1. x of Abbington Village Condominium Association, Inc., a Florida not - for - profit corporation, on behalf of the corporation, who: is personally known to me, OR produced (SEAL) V A proved as to Legal Form and Sufficiency: Jekf Wright Ass ant County Attorney as proof of identity. Notary Pub is (Signature) (Print full name) My Commission Expires: 5 of 5 ji MICHELLE L. SWEET .nki) MY COMMISSION # DD852284 FXPIRES 7 March 06, 2013 :Y M NothRY FI Notary Discount ^rwsr nssoc Co. www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Non Profit Corporation ABBINGTON VILLAGE CONDOMINIUM ASSOCIATION, INC. Filina Information Document Number N37031 FEI /EIN Number 650231839 Date Filed 03/12/1990 State FL Status ACTIVE Last Event AMENDED AND RESTATED ARTICLES Event Date Filed 02/06/1995 Event Effective Date NONE Document Searches Principal Address 6704 LONE OAK BLVD NAPLES FL 34109 US Changed 04/20/2011 Mailing Address 6704 LONE OAK BLVD NAPLES FL 34109 US Changed 04/20/2011 Registered Agent Name & Address GUARDIAN PROPERTY MANAGEMENT S /mil - i 77 O 6704 LONE OAK BLVD NAPLES FL 34109 US ,jo P Kph - C(f A� . —T> Name Changed: 04/23/2010 Address Changed: 04/23/2010 Officer /Director Detail Name & Address 16A11 Forms Help Entity Name Search Submit S14 - 74 3?_ I l' 5,:n Q -2-2 - I l -L -Z� ,q­- Title P (a--5 9 ) A o4 4 O Bc? �' o HYRCYCH, GARY 252 PEBBLE BCH CIR STE C -202 NAPLES FL 34113 �1['e�- 2oar�go�� �crri Title VP MORELLA, JOSEPH 252 PEBBLE BCH CIR C101 �/(2 _ 2 I 77- ��� NAPLES FL 34113 C I ..1 http: / /www.sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= N37031 &in... 4/22/2011 xwww.sunbiz.org - Department of State View image in PDF format _ View image in PDF format 05/08/2006 -- ANNUAL REPORT 16A1 14 Title T 04/09/2004 -- ANNUAL REPORT View image in PDF format I 05/02/2003 -- ANNUAL REPORT WERSCHEY,ROBERT 05/19/2002 -- ANNUAL REPORT View image in PDF format I 02/15/2001 --ANNUAL REPORT 252 PEBBLE BEACH CIRCLE,C204 05/15/2000 -- ANNUAL REPORT View image in PDF format NAPLES FL 34113 Title S SYLVIA, ED 236 PEBBLE BEACH CIRCLE A101 NAPLES FL 34113 Title D BALEC, EUGENE 252 PEBBLE BCH CIR , C104 NAPLES FL 34113 Annual Reports Report Year Filed Date 2009 03/25/2009 2010 04/23/2010 2011 04/20/2011 Document Images 04/20/2011 --ANNUAL REPORT View image in PDF format 04/2312010 --ANNUAL REPORT View image in PDF format 0312512009 -- ANNUAL REPORT View image in PDF format I 05/01/2008 -- ANNUAL REPORT View image in PDF format 05/03/2007 -- ANNUAL REPORT View image in PDF format 05/08/2006 -- ANNUAL REPORT View image in PDF format 04/05/2005 -- ANNUAL REPORT View image in PDF format 04/09/2004 -- ANNUAL REPORT View image in PDF format I 05/02/2003 -- ANNUAL REPORT View image in PDF format 05/19/2002 -- ANNUAL REPORT View image in PDF format I 02/15/2001 --ANNUAL REPORT View image in PDF format 05/15/2000 -- ANNUAL REPORT View image in PDF format 04/23/1999 -- ANNUAL REPORT View image in PDF format 04/09/1998 -- ANNUAL REPORT View image in PDF format I 04/30/1997 --ANNUAL REPORT View image in PDF format I 04/2911996 -- ANNUAL REPORT ` View image in PDF !0- rmat 03/31/1995 -- ANNUAL REPORT View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List jEntity Name Search Events No Name History Submit i Home i Contact us i Document Searches i E- Filing Services i Forms i Help i Copvriqht© and Privacv Policies http: / /www.sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= N37031 &in... 4/22/2011 16A11 I LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this Zvi 4—day of 201 by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "County "), and FOUR FOUNTAINS, INC. a Florida not - for - profit corporation, whose mailing address is 41 Watercolor Way, Naples, Florida, 34113 (hereinafter referred to as "Association "). RECITALS: WHEREAS, County is the holder of that certain Drainage Easement located in Collier County, Florida, created and dedicated to the perpetual use of the public by the plat of Lely Golf Estates Tract Map, recorded in the public records of Collier County in Plat Book 8, Page 20, as later modified by the recording of the plat of Lely Golf Estates St. Andrews West in Plat Book 10, Page 93 of the public records of Collier County (hereinafter referred to as the "Drainage Easement "); and WHEREAS, County intends to utilize a large part of the above - referenced Drainage Easement to improve a segment of the Naples Manor North Canal as part of the Lely Area Stormwater Improvement Project; and WHEREAS, utilization of County's Drainage Easement for the construction of improvements to the Naples Manor North Canal will necessitate removal of the existing vegetation from the Drainage Easement, which vegetation has served as a visual buffer from the existing section of the Naples Manor North Canal located immediately to the south of Four Fountains, Group One, Condominium; and WHEREAS, County, desires to restore for the Association a visual buffer from the Naples Manor North Canal within the northerly five (5) feet of the Drainage Easement (hereinafter referred to as the "Hedge ") after the existing vegetative buffer has been removed and the County's improvements are constructed; and WHEREAS, County desires to allow Association to choose from selected plant species for the Hedge; and WHEREAS, Association desires to assume all maintenance responsibilities for the Hedge after its installation. NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 1 of 5 INSTR 4665205 OR 4771 PG 1034 RECORDED 3/6!2012 11:30 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $44.00 16Ail ;� 2. Association may select from the following species of plants for the installation of the Hedge: (a) Viburnum odoratissimum (Sweet Viburnum); (b) Clusia guttifera (Small leaved Clusia); or (c) Viburnum obovatum (Walter's Viburnum). 3. County shall plant the selected plant species within the northerly five (5) feet of the Drainage Easement, shall have sole discretion in the manner of planting and the size of the Hedge plant material installed initially, and shall replace any Hedge plants which fail to survive for a period of one year from the date of their planting. 4. The Hedge shall be trimmed and maintained by the Association such that leaves and branches are confined within the northerly 5 feet of the Drainage Easement. Should Association fail to trim maintain the Hedge in the manner specified above, County may provide notice to Association in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, Association at its sole cost shall cure the deficiency. In the event Association fails to cure the deficiency County may cure the deficiency, without the need for prior notice to the Association, and will promptly bill the Association for all actual costs incurred in curing the deficiency. The Association shall reimburse the County for such costs within thirty days of receipt of the County's bill. 5. Association shall indemnify and save harmless County, including all employees of County, from any claim of loss or damages, including attorneys' fees and costs of litigation, allegedly incurred or suffered as a result of the Association's use of the Drainage Easement for the purposes set forth in this Agreement. This indemnification shall extend to the Association's maintenance of the Hedge. 6. The indemnity provided for by this Agreement will extend from the effective date of this Agreement until such time as the parties hereto acknowledge in writing that the Association has ceased to use the Drainage Easement for the purposes stated within this Agreement and this Agreement has been terminated. 7. County shall provide Association with thirty (30) calendar days written notice of County's intention to begin construction within the Drainage Easement. Whereupon Association shall promptly remove from the Drainage Easement any and all improvements which the Association desires to retain. Upon commencement of construction, any and all improvements located within the Drainage Easement shall be removed and disposed of by County's construction contractor with no liability therefore. 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. In the event this Agreement is terminated by the Association for whatever reason, then the Association shall be responsible for removal of the Hedge at its sole cost and expense. In the event this Agreement is terminated by County due to Association's failure to cure cited deficiencies, then upon written demand by County, the Association shall remove the Hedge at its sole cost and expense. 2 of 5 16A1i 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. 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. 13. Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or registered or certified mail, return receipt requested, postage prepaid or personal delivery addressed as follows: If to County: Attn: Jay Ahmad Director, Transportation Engineering & Construction Management 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239 - 252 -8192 Fax 239 -530 -6643 With a copy to: Jeffery A. Klatzkow County Attorney Office of the County Attorney Harmon Turner Building 32-'79Tamiami Trail East Naples, Florida 34112 Telephone 239 -Z.5Z -8400 Fax 239 -?SZ 0225 3 of 5 16A11 1 If to Owner: John Foley, as Registered Agent for the corporation 40 Watercolor Way Naples, Florida 34113 Telephone: In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. As to County: AT EST: As to Assoc!d't4T6n:` (Print full name) 11,4W—M1721, L 73.M [ COA/ (Print full name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman FOUR FOUNTAINS, INC., a Florida not - for - profit corporation By: (Sign; ure) KrIV o FaANeS (Print full name) v( CF P8 A�- S• (Corporate Title) 4of5 "v 16A11 STATE OF FLORIDA COUNTY OF COLLIER THIS LANDSCAPE MAINTENANCE AGREEMENT was signed and acknowledged on this day of I)eceM\,oe,— , 2011, before me, the undersigned notary public, by RENO 1 ? A?s1 u S , as y tGr" i i of Four Fountains, Inc, a Florida not - for -profit corporation, on behalf of the corporation, who: is personally known to me, OR / V produced as proof of identity. (SEAL) NOTARY PUBLICSTATE OF FLORIDA Sonja Stephenson j ' Commission # 0 W44846 %,`,.•� Expires: DEC. 27, 2011 BONDED TBRU ATLANTIC BONDING CO., INC. Approv d as to Legal Form and Sufficiency: a 1E E. right Assis ant County Attorney Notary ubli (Signature) (Print full name) My Commission Expires: 5 of 5 ORIGINAL DOC UMENTS CHECKLIST & ROUT ING �0 RAG L TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT 1 THE BOARD OF COUNTY COMNIISSIONERS OFFICE FOR SIG Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original 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 the exception of the Chairman's si ature, draw a line throu routing lines #1 through #4, complete the checklist, an d forward to Ian Mitchell (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 1EFF wrZ.tcHT A S s"r . cop. Aj-rt:�:, 4,4 Y 5. Ian Mitchell, BCC Supervisor 6. Minutes and Records Co0,,4 -C-y ATTct,A4-� c- Board of County Commissioners Clerk of Court's Office -2-di PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Ian Mitchell, need to contact staff for additional or missing informatiom 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 Contact KE I S Number Agenda Date Item was Approved b the BCC J �� 24 2a .l Z Agenda Item Number 16 A l l� � Type of Document Lot,- AtDsGA Pc M A ANT . 2M "Number of Original Z Attached a ES T>0,-IAT--,ev,i Documents Attached - 3� 1NCTRTTVTT(11VC a j- Uvrirr rcm I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 Ann P. Jennejohn From: Sent: To: Subject: Attachments: Tracking: Ann P. Jennejohn Monday, March 19, 2012 11:05 AM Hendricks, Kevin Bradstrom Village Recorded Agreement Bradstrom Village Landscape Maintenance Agreement.pdf Recipient Hendricks, Kevin 16A11 Delivery Delivered: 3/19/2012 11:05 AM Well, of course the Bradstrom Village Agreement was in inter - office mail this morning O OR Book 4772 Page 3492 -3496 I've attached a copy of the recorded agreement and a receipt for the charges. Let me know if you want a certified copy, otherwise I'll just assume e- mailing this scanned copy works for you. Thanks Kevin! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) 1 16A11 LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this ;U' day of ,Ail 0 A _y , 201t by and between COLLIER COUNTY, FLORIDA, a political subdivision ofthe State of Florida whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "County"), and BRADSTROM VILLAGE CONDOMINIUM ASSOCIATION, INC. a Florida not - for - profit corporation, whose mailing address is 41 Watercolor Way, Naples, Florida, 34113 (hereinafter referred to as "Association "). RECITALS: WHEREAS, County is the holder of that certain Drainage Easement located in Collier County, Florida, created and dedicated to the perpetual use of the public by the plat of Lely Golf Estates Tract Map, recorded in the public records of Collier County in Plat Book 8, Page 20, as later modified by the recording ofthe plat of Lely Golf Estates St. Andrews East in Plat Book 10, Page 98 of the public records of Collier County (hereinafter referred to as the "Drainage Easement "); and WHEREAS, County intends to utilize a large part of the above - referenced Drainage Easement to improve a segment of the Naples Manor North Canal as part of the Lely Area Stormwater Improvement Project; and WHEREAS, utilization of County's Drainage Easement for the construction of improvements to the Naples Manor North Canal will necessitate removal ofthe existing vegetation from the Drainage Easement, which vegetation has served as a visual buffer from the existing section of the Naples Manor North Canal located immediately to the south of Bradstrom Village; and WHEREAS, County, desires to restore for the Association a visual buffer from the Naples Manor North Canal within the northerly five (5) feet ofthe Drainage Easement (hereinafter referred to as the "Hedge ") after the existing vegetative buffer has been removed and the County's improvements are constructed; and WHEREAS, County desires to allow Association to choose from selected plant species for the Hedge; and WHEREAS, Association desires to assume all maintenance responsibilities for the Hedge after its installation. NOW, THEREFORE, in consideration ofthe covenants contained herein, the parties agree as follows: INSTR 4667040 OR 4772 PG 3492 RECORDED 3/9/2012 2:12 PM PAGES 5 DWIGHT R COUNTY FLORIDA F THE CIRCUIT COURT 1 of 5 COLLIE REC $44.00 16A11 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Association may select from the following species of plants for the installation of the Hedge: (a) Viburnum odoratissimum (Sweet Viburnum); (b) Clusia guttifera (Small leaved Clusia); or (c) Viburnum obovatum (Walter's Viburnum). 3. County shall install the selected plant species within the northerly five (5) feet of the Drainage Easement. County shall have sole discretion in the manner of planting and the size of the Hedge plant material installed initially, and shall replace any Hedge plants which fail to survive for a period of one year from the date of their planting. 4. The Hedge shall be trimmed and maintained by the Association such that leaves and branches are confined within the northerly 5 feet of the Drainage Easement. Should Association fail to trim maintain the Hedge in the manner specified above, County may provide notice to Association in writing, specifying the nature of the deficiency. Within ten (10) working days following receipt of such notice, Association at its sole cost shall cure the deficiency. In the event Association fails to cure the deficiency County may cure the deficiency, without the need for prior notice to the Association, and will promptly bill the Association for all actual costs incurred in curing the deficiency. The Association shall reimburse the County for such costs within thirty (30) days of receipt of the County's bill. 5. Association shall indemnify and save harmless County, including all employees of County, from any claim of loss or damages, including attorneys' fees and costs of litigation, allegedly incurred or suffered as a result of the Association's maintenance of the Hedge within the Drainage Easement. 6. The indemnity provided for by this Agreement will extend from the effective date of this Agreement until such time as the parties hereto acknowledge in writing that the Association has ceased to use the Drainage Easement for the purposes stated within this Agreement and this Agreement has been terminated. 7. County shall provide Association with thirty (30) calendar days written notice of County's intention to begin construction within the Drainage Easement. Whereupon Association shall promptly remove from the Drainage Easement any and all improvements which the Association desires to retain. Upon commencement of construction, any and all improvements located within the Drainage Easement shall be removed and disposed of by County's construction contractor with no liability therefore. 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. In the event this Agreement is terminated by the Association for whatever reason, then the Association shall be responsible for removal ofthe improvements 2 of 5 16AII at its sole cost and expense. In the event this Agreement is terminated by County due to Association's failure to cure cited deficiencies, then upon written demand by County, the Association shall remove the Improvements at its sole cost and expense. 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. 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 ofthis Agreement shall bind and benefit any successors or assigns of the parties. 13. Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or registered or certified mail, return receipt requested, postage prepaid or personal delivery addressed as follows: If to County: Attn: Jay Ahmad Director, Transportation Engineering & Construction Management 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239 - 252 -8192 Fax 239 -530 -6643 With a copy to: Jeffery A. Klatzkow County Attorney Office of the County Attorney Hannon Turner Building 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 Telephone 239 - 774 -8400 Fax 239 - 774 -0225 3 of 5 16A11 If to Owner: Registered Agent for the corporation Jaime Greusel (as of the effective date of this Agreement) 1104 North Collier Boulevard Marco Island, Florida 34145 Telephone: Notice is deemed given upon receipt of same. In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. As to County: A ST,:� -; s A t� f� As to Association: WITNESSES: (Signature) Dljo V,4,1 (Print full name) i' M—++ Darr., (Print full name) Appro to form and legal ency Jeff E. ri , Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman BRADSTROM VILLAGE CONDOMINIUM ASSOCIATION, INC., a Florida not - for -profit corporation By (Signature) (Print full full name) 'P/?,7S /oar (Corporate Title) 4of5 STtkTE OF FLORIDA CO OF COLLIER S LANDSCAPE MAINTENANCE AGREF this da of , 2011, before me, 1/24/2012 Item 16.A.11. /� 16A11 NT was signed and acknowledged on undersigned notary public, by of Bradstrom age Condominium Association, , a Florida not - for -profit corporation, on behalf of the co tion, who: is personally own to me, OR produced (SEAL) Approved as /Legal Form and Sufficiency: Scott County Attorney as proof of identity. Notary Public (Signature) (Print full name) Any Commission Expires: 5 of 5 Packet Page -1482- www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Non Profit Corporation BRADSTROM VILLAGE CONDOMINIUM ASSOCIATION, INC. Filing Information Document Number N28310 FEI /EIN Number 591695770 Date Filed 09/12/1988 State FL Status ACTIVE Last Event CANCEL ADM DISS /REV Event Date Filed 12/28/2004 Event Effective Date NONE Principal Address 326 -338 BRADSTROM CIRCLE NAPLES FL 34113 Changed 03/24/2011 Mailing Address 815 BALD EAGLE DRIVE SUITE 201 MARCO ISLAND FL 34145 US Changed 03/24/2011 Registered Agent Name & Address GREUSEL, JAIME 1104 N. COLLIER BLVD. MARCO ISLAND FL 34145 US Name Changed: 12/28/2004 Address Changed: 12/28/2004 Officer /Director Detail Name & Address Title D AUTRY,KAREN 6154 STONEWOOD COURT NAPLES FL 34112 Title V DONOVAN, LAWRENCE 332 BRADSTROM CR. D104 Document Searches Page 1 of 3 6A ll Forms Help Entity Name Search Submit http: / /www. sunbiz.org/ scripts /cordet.exe? action = DETFIL &inq_doc_number= N28310 &in... 8/26/2011 www.sunbiz.org - Department of State Page 2 of 3 NAPLES FL 34113 Title P Q COUTURE, DAVID 328 BRADSTROM CIRCLE #E203 7pA ` 3 S 3 g Z NAPLES FL 34113 Title T HELEN, ALM 328 BRADSTROM CIRCLE #E101 NAPLES FL 34114 Title S BOEHLOW, M. CHRIS 338 BRADSTROM CIRCLE #A203 NAPLES FL 34113 Annual Reports Report Year Filed Date 2009 03/16/2009 2010 03/16/2010 2011 03/24/2011 Document Images 03/24/2011 --ANNUAL REPOF : View image in PDF format 04/10/2000 -- ANNUAL REPORT 03/16/2010 --ANNUAL REPOF_ View image in PDF format 03/16/2009 -- ANNUAL REPOR i View image in PDF format 04/25/2008 -- ANNUAL REPORT View image in PDF format 04/19/2007 -- ANNUAL REPORT View image in PDF format 05/01/2006 -- ANNUAL REPOR- View image in PDF format 04/28/2005 -- ANNUAL REPOR View image in PDF format 12/28/2004 -- REINSTATEMEN View image in PDF format 04/30/2003 -- ANNUAL REPOR' View image in PDF format 03/22/2002 -- ANNUAL REPORT View image in PDF format 04/29/2001 --ANNUAL REPORT View image in PDF format 04/10/2000 -- ANNUAL REPORT View image in PDF format 05/04/1999 -- ANNUAL REPOR- View image in PDF format 02/04/1998 -- ANNUAL REPOP View image in PDF format 09/10/1997 -- ANNUAL REPORT View image in PDF format 04/26/1996 -- ANNUAL REPORT View image in PDF format 04/11/1995 -- ANNUAL REPORT View image in PDF format Note: This is not official record. See documents if question or conflict. 16A11 Previous on List Next on List Return To List Entity Name Search Events No Name History Submit Home I Contact us I Document Searches I E- Filinq Services I Forms I Help I http: / /www. sunbiz.org/ scripts /cordet.exe? action = DETFIL &inq_doc_number= N28310 &in... 8/26/2011 I— I v^vw.sunbiz.org - Department of State Page 3 of 3 16A11 Copvriciht© and Privacv Policies State of Florida, Department of State http: / /www. sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= N28310 &in... 8/26/2011