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Backup Documents 05/24/2011 Item #16A 8ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIF1 Q A 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 canpleted routing slip and original doenemnts are to be formded to the Berard Office only a" the Bond has W= action on the item_) ROUTING SLIP Complete rating lines #1I through #4 as appropriate for additional signaluras, dates, and/or infomianon needed If the document is already. with die wecertion of the Chairman's simnature. draw a tae thmuah routing lines # I through #4, eomulete the checklist_ and forward to Sue Fiume Regale to Addrat *s) mat Muting order).. Office Initials Dtite, Agenda Date Item was 5 -24 -2011 Agenda Item Number 16AB 2. Original document has been signed/initiated for legal sufficiency. (All documents to be � 3. Landscape Maintenance Agreement - Number of Original 1 4. Scott Teach, County Attorney County Attorney Office Documents Attached 5. Ian Mitchell, Executive Manager Board of County Commissioners 5 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (Thepneary contact is de holder of the original document pending BCC approval: Normally the primary contact is the person who creeted"puad theiixatnive suses ary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for adi imnat.or mining indrrmmiem. Act migipal docmnentanoekfing the BCC Chaimm's signature we to be delivered to the BCC office only after the BCC ties acte o a Mo dic Name of Primary Staff Contact Pamela Lulich , Landscape Operations Mgr. Phone Number 239 - 252 -6291 Agenda Date Item was 5 -24 -2011 Agenda Item Number 16AB ved the BCC Original document has been signed/initiated for legal sufficiency. (All documents to be � Type oft)ocument Landscape Maintenance Agreement - Number of Original 1 Ached Diamond Lake Condominium Association, Documents Attached Inc. INSTRUCTIONS & CHECKLIST L Formal County Forms/ BCC Formal Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ' Initial the Yes column or mark "N /X' in the Not Applicable column, whichever is Yes I*A (Not aDV (Initial)h 17 Original document has been signed/initiated 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 contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and g2ssib!y State Offielals. ) j 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other es except the BCC Chairman and the Clerk to the Board 3. The Chainssart's signature line date has been entered as the date of BCC approval of the d t the ,final . Contract date wlnChever is. likable.. 4. "Sign here tabs are placed on the approptiate'pages indicating where the Chairman's signature and iaitisis are required. 3. In mast cam s(some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain tittle or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the *CC on 1:: (enter date) and aq changes made during the meeting have bees incorpor Yed in the attached document. The County Attorney's Offlke has reviewed the dwagm, if applicable. L Formal County Forms/ BCC Formal Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ' 16A 8 Martha S. Vergara From: LulichPamela [PamelaLulich @colliergov.net] Sent: Thursday, June 02, 20114:41 PM To: Martha S. Vergara Cc: Herrera, Gloria Subject: RE: Agenda Item #16A8 from the 5124 BCC Meeting Hi Martha, The recording string is 111 - 163888- 649030. Thanks- Pam Pamela Lunch, Landscape { ?;, ;xts Manager Growth Management i) 'Jn ttr.;n E1 Maintenance Alternative 1 ranspui Gu i,)i, t, t �n<rnt Te,,phone 239.252.629' FFax 2 3(4252.6623 Florida Registered la ui >.a[),, , "' A6- 066733 From: Martha S. Vergara [ mailto: Martha .VergaraCcbcollierclerk.com] Sent: Thursday, June 02, 20114:34 PM To: LulichPamela Subject: RE: Agenda Item #16A8 from the 5/24 BCC Meeting I will need recording string to charge that to.. From: LulichPamela [ mailto :PamelaLulichCocolliergov.netj Sent: Thursday, June 02, 2011 4:33 PM To: Martha S. Vergara Subject: RE: Agenda Item #16A8 from the 5/24 BCC Meeting Hi Martha, My contacts at Diamond Lake have headed north. Could you record the document and send one original through interoffice mail to me. I will then scan it and send it to the community via email. Please let me know if this is acceptable. Thanks - Pam Pameto Luhch, Ldncis( ape Growth Man,rament DIVm Atternative Tianspartatioll M 'fe tephone 239,257 6291 L Fax 239.252.662 I unda Registered .._ z Maintenance .?11b66G7i3 From: Martha S. Vergara [ mai Ito: Martha .VergaraCabcollierclerk.com] Sent: Thursday, June 02, 2011 4:04 PM 1 16A 8 To: LulichPamela Subject: Agenda Item #16A8 from the 5/24 BCC Meeting Hi Pam, I have the above referenced item ready to go to recording.. Will you contact the Diamond Lake Condominium Assoc. and have them go to the recording office, once there they can ask for the person attending them to call the Minutes and Records office and one of us will bring it over for recording.. Thanks, Martha Vergara, Deputy . 'erk Minutes and Records Dc,; Clerk of the Circuit Cour. and Value Adjustment be .:rd Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergaraCa)collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing hetodeskocollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk. com domain. Under Florida Law, e -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. I -loads 1 )w w '. .. l m,, nui cant your a ioii address rr ,., ri r reSP. u a f u: ,, Ilds i.:q , a I:, nol send I "I'll .. r' , 'I iI .,. ,. "I!(, nC "I cfntlnC � i s • LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this day of i4 2D11, by and between Collier County, Florida, a political subdivision of the State of Flo da whose mailing address is 3301 Tamiami Trail East, '.Maples, FL 34112 (hereinafter referred to as the "County"). and Diamond Lake Condominium Association, Inc. whose mailing address is Advanced Property Management Services, Inc., 1035 Collier Center Way, Suite 7 Naples FL 34110 (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 Piper Boulevazd hereinafter referred to as "Road "); and WHEREAS, Section 1 -A -] 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 andlor Uaintenance in Public Right -ol -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 -qf -way facilities and the type and location of the proposed plantings, location of electrical and irrigation systems(s). 4/ter 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 he 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." fhe 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 • • 1. Subject to the issuance of all necessary Permits, County hereby grants to the Association the right to use those portions of the Road 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 law, 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, orjudgments, including attorneys' fees and costs of litigation, against the County arising out of the Association's use of the Road 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 Road for the purposes stated within this Agreement and the Road 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 2 of • K 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 Improvements and will restore the Road 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 Road. 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 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FOR SPECIAL CONDITIONS. IF ANY 3 of In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. STATE OF FLORIDA COUNTY OF COLLIER .5'-Q� Ikf' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle, Chairman Diamond Lake Condominium Association, Inc ( "Association ") I�- 7 rinted e: Joseph eleva itle: President Signed and acknowledged on this d l +-1 day of MLA 2011, before me, the undersigned notary public, by 'Zok.st' q President of Diamond Lake Condominium Association, Inc., a Florida corporation not- for - profit, on behalf of the corporation. He [] is personally known to me or ¢ produced Fi OL as identification. Notar Public Print Name: ,c + r LA -2- � My Commission Expires: -t)L>f `1'ty Appr ved as t Le Fo and Sufficiency: Scott R. Teach Deputy County Attorney 4 of NiEa A LAZOH - State of Fbridaires Dec 9. 2012 N OD 944451 a Right -of -Way Application 16A GROWTH MANAGEMENT DIVISION ROW PERMITTING & INSPECTION 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 Telephone Number: 252 -5767 Inspection Telephone Number 252 -2417 http 9www COIIIergoy net /Index asox ?rase =424 []CALL ❑MAIL FILL IN ALL APPLICABLE INFORMATION RIGHT -OF -WAY PERMIT # PSP# SDP /AR# 940103 Mirage BUILDING PERMIT # PROJECT NAME Diamond Lake Renewal/Modification (Unexpired Permit) $100 Jack- and - Bore /Directional Bore $500 Sprinkler Head $50 Open -Cut $2,000 Miscellaneous Events $200 Other $2,000 ❑ Copy of house survey with A sketch for the request ❑ Application fee ❑ Details for request (location, size, etc.) +VMMGKtrfAL SMALL DEVELOPMENT LARGE DEVEL Construction (Driveway) $1,000 2, ♦ $2,000v/$ ] Renewal/Modification (Unexpired Permit) $500 $1,000 ]Jack- and - Bore /Directional Bore $1,000 $2,000 j Sprinkler Head $200 $400 J Turn -lane /Median $1,500 $3,000 Open -Cut $4,000 $6,000 Work in the ROW without Lane Closures $50v /$100• $100v /$21 Work in the ROW with Lane Closures See Exhibit "A" ♦- JUN -NC PSC Regulated Franchise Utility $100 + $50 per day Inspection Fee LL21K . -M, COMMERCIAL ONLY: FEE PAID Please submit 2 sets of sinned and sealed plans Est. Number of Days In ROW (If applicable) PLEASE PRINT Today's Date March 29, 2011 14 Total Amount Paid p�p� Approval is hereby requested by (Owner Name) Diamond Lake Condominium Association, Inc. For the purpose of Landacape & Irrigation to be placed in the r.o.w. of Piper Blvd. Atton (project street Address) 1455 Piper Boulevard (between Euclid Avenue & Lakeland Avenue) Lot No. Block Unit Tract Portion of Tract N E Subdivision Sec. Twp. Rge, I 3. Work shall be performed in accordance with approved plan, Conditions of Permit appearing on reverse side, stipulations specified as part of this permit and in accordance with Collier County Ordinance #09-19 and the 'Public Right -of -Way Construction Standards Handbook," latest edition. Applicant declares that prior to filing this application he has ascertained the location of all existing utilities, both aerial and underground. Any changes to any utility shall be the responsibility of the Perniltee for all cost. This permit is contingent upon Permittee obtaining necessary rights of entry for construction and maintenance where required right-of -way for public use has not been dedicated and accepted by Collier County . 6. If the application is made by any person or firm other then the owner of the property involved, a written consent from the property owner shall be required prior to processing of the application. 5. Growth Management Division approval tices not exempt the pernittee from gaining approval from any State, Federal or Local Agencies having jurisdiction over the proposed work. 6. 1 have read the Collier County Right -of -Way Permit Notes and Conditions and agree to conduct all work in accordance with the County Ordinance 009 -19, as amended and all applicable all County and State, codes and laws, as amended. UndeLzenalties of perjury, I declare that I have readlNeFftygoing permit applcatibpand that facts stated in it are SIGNATURE CONDITIONS OF PERMIT 1 6 A 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 nghbgf -way or easements provided for public use in the unincorporated area of Collier County and in those Public ngMS-of -wey or easemxRS, which are maintained by Collier County, but tie within municipal boundaries. 3_ When permitted fecilNes are placed within a public nghtof -way or easement, the installation is for permissive use only and placing of facilities shall not ael Or such falmlitlei u my property right in the associated right-way or easement to the permittee. Furthermore, the permits, shall be responsible for maintenance of 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. Pnor to construction, the CaHracior /Permittee shall submit a Maintenance of Traffic plan (MOT) for any construction project involving wont or activity that may affect traffic on any County street, roadway or bikepath /sidewalk. The MOT must be sgned 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 emscivisedimentation controls, elevation offset, and ditch slope designed and certified by a licensed engineer for all commercial projel 8. During construction the Conaacfor/Pertnitee she8 comply with the 'State of Florida Manual W Traffic Control and Safe Practices for Street and Highway Construction, Maintere ll and tom' Operatiore' ant with tM'Makwl On Uniform Trall Control Devices' and with all other governing safety regulations and shall maintain the approved site dratege plan and soli won control plan. 9. The Permatee 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 euthm zed and performed under dss permit. 10. Al crossings of existing pavernen[ 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. Al 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 honzorlfaay), 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 plants of the proposed work Povakg details of this installation shall be made a part of this permit If additional plans are required, they stroll 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, m 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, ateretion of relocabon of applicable nght-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 pernittx, his successor, air assign. 16. When the pemittee, or his successes, or assign is notified of a need for constriction, 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 home solely by the pernittee 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 rays the job m expected to take, and the appmximatte date of completion The permit will expire ninety, (90) days after the designated completion date, unless authorized in the specific kefance for a longer or shorter period If the work has not been completed by the expiration date, there will be a renewal fee, sal by Resolution, payable upon extending the expiration date for an additional ninety (90) days 18. All corteapondence regarding metrkation procedures will be through the pennittee, es his autllonzed agent or consultant and not through any contractor or subcontractor. 19. If them are any lane closures or work the will impede normal traffic flow. The Permit holder is obligated to inform the road alert Coordinator at 239- 252 -8192 and the ROW Perm Section at 239 -252 -5767, three working days prior to construction. 20. Collie County Traffic Operatae Inspection Staff shall be notified in wnting either via form letter (To. Collier County Traffic Operations, 2885 Hoi snhoe Drive South, Naples, FL 34104) or email (TrafficOps01collieroov net a minimum of 72 hours prior to the commencement of jobs that include overhead or underground work Nat 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 pnor to constriction. 21 Prior to acceptance by the County (including issuance of Certificate of Occupancy), the ROW Permitting Section shall be notified by mailing a 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 forma following Collier County Growth Management Division Standard for Design and As -Buir Electronic Drawings (APPENDIX B) in addition to signed and sealed copies of the as -built survey. 16A SCHEDULE "B" 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 rightsofways. Recordsofall specification requirements shall be kept and made available to the County's representative upon request. The specific project area includes the grass strip between the northern edge of pavement of Piper Boulevard and the sidewalk within the right -of -way, for the section of road between Euclid Avenue and Lakeland Avenue. A. MOWING AND EDGING: Mowing and edging for this site shall include the project area as described above. 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 '§ "). The frequency of cutting will be weekly or fifty -two (52) times for St. Augustine grass or twenty-six (26) times for Bahia grass. The number of mowings may be modified at the discretion of the Association in response to seasonal weather conditions. 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 front 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 curbjointsaswell 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. 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. 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 ( I') 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 front 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. F. 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 sery ice to remove any accumulation ofdebris or objectionable growth so to maintain a neat and safe condition. 1 of 5 16A 8 TRAFFIC CONTROL: The Association 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 Association and its Contractor shall obtain and review the County MOT policy requirements prior to submitting a bid. The Association 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 wom 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 primed 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. Since the proposed Royal Palms are self - cleaning, no pruning will be necessary to remove dead fronds or seed stalks. Some pruning assistance may he required occasionally if a brown or dead frond becomes hung up on the trunk. 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 ladder, boom truck or lift. All debris from the pruning and fronds that have fallen shall be removed and the site shall be left on a clean and neat manner. When any pruning work is being performed with the use of 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 ( I2") 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 (I ) pound. Trees and palms shall receive one ( I ) 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 he applied as set forth in the following schedule. Turf Areas and Plant beds containing Shrubs, Groundcovers, and Trees 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 during the months of February, May, July, and October. Palms: Association 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" ith 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 2 of'5 • � s 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. J. LANE CLOSURE: Lane closure for 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 Association shall maintain on site reclaimed water irrigation signage. SUBSURFACE IRRIGATION SYSTEMS: No excavation or mechanical metal edging around plant beds shall be done within the Right -of- -way. Mechanical metal blade edging is permitted along the back of curbing. Weekly Service Requirements: I. 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 by -pass 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 Association 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: I. 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 3 of 5 I e 6 i 4. Pump Sites a. Once a month, the Association 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 Association will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. d. The Association will clean the strainers filters and inspect them for wear at the Pump Station, 5. 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: I. Each 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 Association 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 Association shall review the plant material and turf for dry conditions and if found correct the problem. Monthly Service Requirements: I. 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 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 Association shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100°0) irrigation coverage. e. Within all work areas the Association shall review the plant material and turf for dq conditions and if found correct the problem. General Service Requirements for Irrigation Systems: I. Should South Florida Water Management District or other governing agency establish water restrictions, 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 contractorr. 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 IT) above finished mulch. 6. One hundred percent (100 °o) 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 4of5 'a k c ' g 4 �E sG p Y 9 Y ! a, r lit �Ra J. o.� I ^ CY 1 w �111 n_; 3 r g z r o= � ! g l s ; i I >R �g r� ! e 5 �Ra J. o.� I ^ CY 1 w �111 n_; 3 r g z r o= � ! g l s ; i I 4fl w 8� =i?t day 9 if Y� s. Hal i�v1 r oil s �G yg � £� �21 ;E 1. 51 1 aIf g'gsw eE '� S 9[ 5{ IT K �� W. IS 7� I g P �H two £gin a a '- M 5 y yyw__ YY qqppa ;5 f24 i€ b�� Egg+Y #li r'ii 4Y 53i� 7pa3 S8= �' Sits Ja i !k: i g ?Y E4 6E i afl 5.g ' X38 H wY a�i E4K� is p eR Sa a g, d�6 31 "� � 6 €�s gF P1 g yy 5 E9P _. c 44i; P1HMF � $w4 ;5,�s e 3 ec fY@ga ]p . yci�i Ej1?tag'S W nR $ a s xkrilid S bz5g a +3 w343 �_ �£ c e z fie 1f g9 � w tflyye y� a Ra� fE 7A }i 3�'r Fyny 55 f'3¢ iY y r @ H f yg� i a 'R �s s . t y r r !i Qt I a" i Ft Irt. S esi it 5� 3!9!_fi- +.r'6i t I 1! IE t� fIIl� 1 if PERMIT TO PERFORM WORK AND /OR MAINTENA & A R JR IN PUBLIC RIGHT -OF -WAY -�- GROWTH MANAGEMENT DIVISION / ROW PERMITTING INSPECTION 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 ROW Section Telephone #252 -5767 Inspection Telephone # without Building Permit: 252 -2417 Inspection Telephone # with Building Permit: 643 -9757 A COPY OF THIS PERMIT MUST BE ON THE JOBSITE AT ALL TIMES. FAILURE TO COMPLY MAY CAUSE JOB SHUT DOWN. cALL . Department: Transportation Operations Right -of -Way Permit Number - 0232 -E r <� Date Issue8: 04/15/2011 _ ;! s SDP /AR Number: '940103 ; PSP Number: Building Permit Number:. " T Project Name: s!DIAMOND LAKE LANDSCAPE &IRRIGATION' ' "} Address: 1455 PIPER BLVD BETWEEN EUCLID AVE & LAKELAND AVE ^` _Project ),�Subdlvisioh Lot: Block :.z - -Unit: Tract action',,'-' Township: - Range: Folio No.' p , , -,Type of Constructlon: 'LANDSCAPE &IRRIGATION .` Detail:, .LANDSCAPE & IRRIGATION IN THE ROW DF PIPER BLVD: The work herein described and is to be `� 'And 4. erm' ed commenced on or about /S/ completed no later than Expiration date for work described: 10 /31/2011 ,,. Property Owner Name DIAMOND LAKE CONDOMINContractor's Name: URBAN GREEN STUDIO Property Owners Address 900 DIAMOND CIRCLE #8 Business Address 1263 HERNANDO ST R City NAPLES State.. FL Zip: `34110 City: NAPLES State: FL Zlp` 34103 .• Telephone Number. 239 - 514 -8215 Telephone Number: 239-2634029 w i, �,. Notes::.:: '4�1.Work'shall be performed in accordance with approved 4. If the appllcation'is made by any person or firm other plan, Conditions of Permit appearing on reverse side, than the owner of the property involved, a written consent stipulations specified as part of this permit and in from the property owner shall be required prior to accordance with Collier County Ordinance # 09 -19 and processing of the application. the 'Public Right -of -Way Construction Standards Handbook,' latest edition. 5. I ransportation Services Division approval does not °+ exempt the permittee from gaining approval from any 2. Applicant declares that prior to filing this application State, Federal or Local Agencies having jurisdiction over he has ascertained the location of all existing utilities, the proposed work, both aerial and underground. Any changes to any utility 6. This permit is contingent upon Permittee•obtalning " shall be the responsibility of the Permittee for all cost. necessary rights of entry for construction and maintenance 3. If right-of-way permit is issued in conjunction with a where required right -of -way for public use has not been :> building permit, the right -of -way permit expires upon dedicated and al cceptled by Collier County. Completion of the building. BY.- Permit Status: ISSUED JM T : 04/15/2011 it thlf Pei9lL SEE REVERSE SIDE FOR CONDITIONS 16A 8 LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this )y day of jV4,V , 2011, 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 Diamond Lake Condominium Association. Inc. whose mailing address is Advanced Property Management Services, Inc., 1035 Collier Center Way, Suite 7 Naples FL 34110 (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 Piper Boulevard hereinafter referred to as "Road "); 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 andlor 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 ol 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./or 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 specifed. 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: I of 4 INSTR 4569663 OR 4688 PG 677 RECORDED 6/3/2011 10:51 AM PAGES 14 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $120.50 16A 8 1. Subject to the issuance of all necessary Permits, County hereby grants to the Association the right to use those portions of the Road 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 law, 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 lndemnitor 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, orjudgments, including attorneys' fees and costs of litigation, against the County arising out of the Association's use of the Road 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 Road for the purposes stated within this Agreement and the Road 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 lndemnitor 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 2 of 4 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 Improvements and will restore the Road 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 Road. 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 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FOR SPECIAL CONDITIONS, IF ANY 3 of'4 .1 In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. 8...... 4b STATE OF FLORIDA COUNTY OF COLLIER k-j BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 7 L (/J. Fred W. Coyle, Chairman Diamond Lake Condominium Association. Inc ( "Association ") rinted e': Joseph Deleva Title: President �1 Signed and acknowledged on this o2 day of vn—� 2011, before me, the undersigned notary public, by -So e q )(, L- , President of Diamond Lake Condominium Association, Inc., a Florida corporation not - for - profit, on behalf of the corporation. He [] is personally known to me or M-produced _ F 1 0 L- as identification. Notarj Public Print Name: 66� L n My Commission Expires: bpc. `ia\ Appr ved as t Le� Fo and Sufficiency: Scott R. Teach Deputy County Attorney 4 of 4 4P - V'c�, JOHN A LAZOR Notary Public - State of Florida My Comm. Expires Dec 9, 2012 "•.;;a �t „o•' Commission N 00 844481 0 Right -of -Way Application 16 A .8 GROWTH MANAGEMENT DIVISION ROW PERMITTING & INSPECTION 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 Telephone Number: 252 -5767 Inspection Telephone Number 252 -2417 httl2 / /www colliergov neUlndex asox ?pane =424 ❑CALL ❑MAIL FILL IN ALL APPLICABLE INFORMATION RIGHT -OF -WAY PERMIT # PSP# SDP /AR# 940103 Mirage BUILDINGPERMIT# PROJECT NAME Diamond Lake Driveway Renewal /Modification (Unexpired Permit) Jack - and - Bore /Directional Bore Sprinkler Head Open -Cut Miscellaneous Events Renewal /Modification (Unexpired Permit) Jack - and - Bore /Directional Bore Sprinkler Head Turn -lane /Median Open -Cut Work in the ROW without Lane Closures Work in the ROW with Lane Closures COMMERCIAL ONLY: PLEASE PRINT Today's Date March 29, 2011 Approval is hereby requested by (Owns For the purpose of Landscape & Atton (project street Address) 1455 $100 $500 $50 $2,000 $200 $500 �- $1,000 $200 $1,500 $4,000 $50v/$100♦ See Exhibit "A" $100 + $50 oer ❑ Copy of house survey with A sketch for the request ❑ Application fee ❑ Details for request (location, size, etc.) $1,000 $2,000 $400 $3,000 $6,000 FEE PAIDt Est. Number of Days in ROW (If applicable) 14 Total Amount Paid/1 Da! ion to be placed in the r.o.w. Boulevard (between Euclid Avenue & Lakeland Avenue Lot No. Block Unit Tract Portion of Tract N E S W Subdivision Sec. Twp. Rge, E. Folio No. 1. Work shall be performed in accordance with approved plan, Conditions of Permit appearing on reverse side, stipulations specified as part of this permit and in accordance with Collier County Ordinance #09-19 and the "Public Right -of -Way Construction Standards Handbook," latest edition. 2. Applicant declares that prior to filing this application he has ascertained the location of all existing utilities, both aerial and underground. Any changes to any utility shall be the responsibility of the Permittee for all cost. 3. This permit is contingent upon Permittee obtaining necessary rights of entry for construction and maintenance where required rightof -way, for public use has not been dedicated and accepted by Collier County. 4. If the application is made by any person or firm other then the owner of the properly involved, a written consent from the property owner shall be required prior to processing of the application. 5. Growth Management Division approval does not exempt the permittee from gaining approval from any State, Federal or Local Agencies having jurisdiction over the proposed work. 6. 1 have read the Collier County Right-of-Way Permit Notes and Conditions and agree to conduct all work in accordance with the County Ordinance #09 -19, as amended and all applicable all County and State, codes and laws, as amended. Under enalties of perjury, I declare that I have a rgoing permit app ceh and that facts stated in it are true / �q d /r .,,, A //, AUTRORIZED SIGNATURE CONDITIONS OF PERMIT 16A 8~ 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 -0f -way or easements provided for public use in the unincorporated area of Collier County and in those public rigMSof -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 a 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 Contracfa/Pernittce 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 'Manuel On Uniform Traffic Control Devices' and with all other governing safety regulations and shall maintain the approved sda drainage plan and soil erosiorVSedimentation control plan 9. The Permittee shall hold the Cosily 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 crossirgs 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 -stir (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 dght- of -my or easement and no action is taken by the responsible party within the time frame specified by the County County shall cause the permitted work to be altered, relocated, or removed, with the total expense being bome 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 appr dmate date of completion. The permit will expire ninety (90) days after the designated completion date, unless authorized in the specific instance or a longer a 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 Pemmit Section at 239- 252 -5767, three working days prior to construction. 20. Collier County Traffic Operations Inspection Staff shall be notfed in writing either via form letter (To'. Collier County Traffic Operations, 2885 Horseshoe Drive South, Naples, FL 34104) or email (TrafficOoslo3cosieroov 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, a 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. 16A 8 SCHEDULE "B" 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. 'The specific project area includes the grass strip between the northern edge of pavement of Piper Boulevard and the sidewalk within the right -of -way, for the section of road between Euclid Avenue and Lakeland Avenue. A. MOWING AND EDGING: Mowing and edging for this site shall include the project area as described above. 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 fifty -two (52) times for St. Augustine grass or twenty-six (26) times for Bahia grass. The number of mowings may be modified at the discretion of the Association in response to seasonal weather conditions. 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. 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 (P) 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. 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 ofdebris or objectionable growth so to maintain a neat and safe condition. 1 of 5 16A 8 TRAFFIC CONTROL: The Association 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 Association and its Contractor shall obtain and review the County MOT policy requirements prior to submitting a bid. The Association 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 (IT) canopy clearance over the roadways and a ten -foot (10') canopy clearance over all pathways. Since the proposed Royal Palms are self - cleaning, no pruning will be necessary to remove dead fronds or seed stalks. Some pruning assistance maybe required occasionally if a brown or dead frond becomes hung upon the trunk. 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 ladder, boom truck or lift. All debris from the pruning and fronds that have fallen shall be removed and the site shall be left on a clean and neat manner. When any 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. 'Frees and palms shall receive one (1) cup per one -inch (I ") caliper. Shrubs and groundcovers shall receive one ( I ) 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. 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 during the months of February, May, July, and October. Palms: Association 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 2of5 16A 8 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. J. LANE CLOSURE: Lane closure for 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 Association shall maintain on site reclaimed water irrigation signage. SUBSURFACE IRRIGATION SYSTEMS: No excavation or mechanical metal edging around plant beds shall be done within the Right -of -way. Mechanical metal blade edging is permitted along the back of curbing. Weekly Service Requirements: I . 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 by -pass 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 Association 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: I. 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 3of5 4. Pump Sites a. Once a month, the Association 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 Association wil I check all zone wiring and solenoid conditions through the use of an OH M meter and document the results for future reference. d. The Association will clean the strainers filters and inspect them for wear at the Pump Station. 5. 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: I. Review all subsurface system piping, valve assemblies, wiring, moisture sensors and controllers foroverall operation and provide adjustments as required to assure proper operation and irrigation application. CONVENTIONAL POP -UP IRRIGATION SYSTEMS: Weekly Service Requirements: 1. Each 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 Association 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 Association shall review the plant material and turf for dry conditions and if found correct the problem. Monthly Service Requirements: I. 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 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 Association 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 Association 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, 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 contractorr. 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 etTect. 7. Notification to the County's representative is required when acts of vandalism or accidents have occurred 4of5 to the irrigation system. Photos shall be taken and provided to the County's representative at no added cost. Miscellaneous Irrigation Maintenance Responsibilities: I. Should the temperature be forecast to be below thirty -four (34) degrees, the Association shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Association'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 voltand 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. 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Fai=s 8 1111 ct pa §� x iit 6 '91 z Av € i a „'�'� �g ff €aY € `la rr# S �PON 5 € g6$g @$ to e�i OW ” lit '6 A � €B lip, S it S c € s ff $ g€ y € ar D __.. IE §n FSl6itgi,. loll: H11 11 ill PERMIT TO PERFORM WORK AND/OR MAINTENANCE IN PUBLIC RIGHT-OF-WAY GROWTH MANAGEMENT DIVISION / ROW PERMITTING INSPECTION 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 ROW Section Telephone *252-5767 Inspection Telephone #without Building Permit: 252-2417 Inspection Telephone # with Building Permit: 643-9757, A COPY OF THIS PERMIT MUST BE ON THE JOBSITE AT ALL TIMES. FAILURE TO COMPLY MAY CAUSE JOB SHUT DOWN. CALL Departm , ent: Transportation Operations Right-of-Way Permit Number ll-0232-E 104/15/2011 Date,. ed: SDP /AR Number: 940103 PSIP Number: Building Permit Number: Project Name: DIAMOND LAKE LANDSCAPE & IRRIGATION 'jProject Address: 1455 PIPER BLVD BETWEEN EUCLID AVE & LAKELAND AVE -S6bcIivisi6n-_'- Lot: q Block. Tract , Sectlon 'Township: -Folio No. --------------------- Type of 6nistrucv6n: LANDSCAPE .& IRRIGATION 'Detail .LANDSCAPE & IRRIGATION IN THE ROW"OF PIPER BLVD The work herein described'and pe7ttled is to be commenced on or about completed no later than Expiration date ' for work described:�AO /31/2011 , 7 Pr^ngirh, flumar Mom=• n[ARAInKir's I AVC t1nKInnAA1K1r1 KI MMAKI �Mn=kl nTl .1.1 Pr Ti Ha 4 o rac + or s ame: " A , PLE ' SL,_fjSta ' te: FL Zip: '34110 City: NAPLES State: 2 )ne'146mber: 239-514-8215 Telephone Number: 239- 263 - 4029 hall be performed in accordance with approved 4. If the applic iditlorisof Permit appearing on reverse side, than the owne ns specified as part of this permit and in from the propE ce with Collier County Ordinance # 09-19 and processing of is Right -of -Way Construction Standards 5.Transportatii k," latest edition, exempt the pe ; ant declares that prior to filing this application State Federal wertamed the location of all existing utilities, the proposed % 0 and underground. Any changes to any utility 6. This permit 16 responsibility of the'Permiffee for 611 cost. necessary'righ z where require( of-way permit is issued in conjunction with a dedicated and ermit,-the nght-6f-way permit expire LL s upon ,n of the'b6ilding. . Fl.ernnit Status: ISSUED 04/15/2011 and nlil f ft BMW 72 have oft to mmumd of ft aeftg entIVIIIIIII WWW th F*n to mm*ny cm ob *now U UM ST MY BMW* CM01iit SMBWWk MW folin W1japW.,- SPECIAL CONDITION: THE M.O.T. (MAINTENANCE OF TRAFFIC) PLAN MUST BE SUBMITTED TO THIS OFFICE WORK IS PERFORMED IN THE RIGHT-OF-WAY. JM SEE REVERSE SIDE FOR CONDITIONS