Agenda 09/14/2021 Item #16A25 (Landscape Maintenance Agreement w/7-Eleven, inc. 34813 Pine Ridge, LLC)09/14/2021
EXECUTIVE SUMMARY
Recommendation that the Board approves and authorizes the Chairman to sign a Collier
County Landscape Maintenance Agreement (“Agreement”) between Collier County and 7
Eleven, Inc., 34813 Pine Ridge, LLC, and Creighton Construction and Management LLC,
for landscape and irrigation improvements within the Airport-Pulling Road and Pine
Ridge Road public rights-of-way.
_____________________________________________________________________________
OBJECTIVE: That the Board of County Commissioners (“Board”) approves and authorizes the
Chairman to sign the attached Collier County Landscape Maintenance Agreement permitting landscaping
and irrigation improvements within the County rights-of-way and ensuring that 7 Eleven, Inc., 34813 Pine
Ridge, LLC, and Creighton Construction and Management LLC, will maintain improvements
accordingly.
CONSIDERATIONS: Collier County was approached by 7 Eleven, Inc., 34813 Pine Ridge, LLC, and
Creighton Construction and Management LLC to install landscaping and irr igation within the Airport-
Pulling Road and Pine Ridge Road public rights-of-way. Pursuant to the attached Landscape Maintenance
Agreement, 7 Eleven, Inc., 34813 Pine Ridge, LLC, and Creighton Construction and Management LLC
agree to maintain the landscaping and irrigation improvements along Airport-Pulling Road and Pine
Ridge Road, as depicted in Schedule “A” and in accordance with the specifications in Schedule “B”.
Rights to terminate the Agreement are spelled out in the attached Agreement.
FISCAL IMPACT: There is no cost to Collier County associated with this agreement. 7 Eleven, Inc.,
34813 Pine Ridge, LLC, and Creighton Construction and Management LLC are responsible for all
recording fees.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for approval. -DDP
RECOMMENDATION: To approve and authorize the Chairman to sign the Collier County Landscape
Maintenance Agreement between Collier County and 7 Eleven, Inc., 34813 Pine Ridge, LLC, and
Creighton Construction and Management LLC, for landscaping and irrigation improvements within the
Airport-Pulling Road and Pine Ridge Road public rights-of-way.
Prepared by: Pamela Lulich, PLA, Landscape Operations Manager, Road Maintenance Division
ATTACHMENT(S)
1. [Linked] Landscape maintenance agreement - 072121_cao-stamped (PDF)
16.A.25
Packet Pg. 865
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.25
Doc ID: 17516
Item Summary: Recommendation that the Board approves and authorizes the Chairman to sign a
Collier County Landscape Maintenance Agreement (“Agreement”) between Collier County and 7 Eleven,
Inc., 34813 Pine Ridge, LLC, and Creighton Construction and Management LLC, for landscape and
irrigation improvements within the Airport-Pulling Road and Pine Ridge Road public rights-of-way.
Meeting Date: 09/14/2021
Prepared by:
Title: Manager - Landscape Operations – Growth Management Department
Name: Pamela Lulich
07/21/2021 11:24 AM
Submitted by:
Title: Manager - Planning – Growth Management Department
Name: Trinity Scott
07/21/2021 11:24 AM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 07/21/2021 4:28 PM
Capital Project Planning, Impact Fees, and Program Management Gloria Herrera Additional Reviewer Completed 07/22/2021 9:03 AM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 07/22/2021 9:57 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 08/04/2021 3:07 PM
Growth Management Department Gene Shue Additional Reviewer Completed 08/09/2021 3:43 PM
Growth Management Department James C French Growth Management Skipped 07/21/2021 3:35 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/10/2021 4:52 PM
Growth Management Department Trinity Scott Transportation Completed 08/13/2021 4:39 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/16/2021 8:31 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/16/2021 10:21 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/25/2021 4:32 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/02/2021 1:55 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.A.25
Packet Pg. 866
LANDSCAPE MAINTENANCE AGREEMENT
This Landscape Maintenance Agreement is entered into this day of ,
2021, by and between Collier County, Florida, a political subdivision of the State of Florida whose
mailing address is 3299 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the
"County"), and 7 Eleven, Inc., whose mailing address is 3200 Hackberry Road, Irving, TX 75063-
0141, 34813 Pine Ridge, LLC, whose mailing address is 2240 W. First Street, Suite 101, Fort
Myers, FL 33901, and Creighton Construction & Management LLC, whose mailing address is
2240 W. First Street, Suite 101, Fort Myers, FL 33901 (hereinafter referred to collectively as the
"Owner/Developer").
RECITALS:
WHEREAS, County is the owner of that certain right-of-way located in Collier County,
Florida and known as Airport -Pulling Road and Pine Ridge Road (hereinafter referred to as
"Road"); and
WHEREAS, Section I. Planning and Development, of the handbook titled "Collier County
Landscape and Irrigation Specifications for Beautification Improvements Within the Public Right -
of -Way, Collier County, Florida" (2009), provides as follows:
Entities desiring to make landscape improvements within public road right-of-way
shall submit plans and documentation consistent with the requirements for a public
right-of-way permit. This submission shall be in accordance with the "Construction
Standards Handbook for Work within the Public Right -of -Way, Collier County,
Florida " (the "Construction Handbook").
Landscaping Permit Within the public rights of way:
Improvements to unimproved medians in the right of wad A private owner,
Developer or civic or homeowners' association desiring to landscape within a
public right-of-way shall submit landscape and irrigation construction documents
prepared by a licensed landscape architect for County review. The Permit
application shall include three (3) sets of detailed plans indicating the existing
right-of-way facilities and the type and location of the proposed plantings, location
of electrical and irrigation systems(s). ' After acceptance of the landscape and
irrigation plans, a landscape agreement shall be prepared by the contracting
parties and approved by the County attorney's office. (See Appendix for example)
The purpose of the landscape agreement is to ensure that the Permittee, or his
successors or assign, shall be responsible to maintain such material and irrigation
system until removed or unless otherwise specified; and
WHEREAS, in keeping with the above, the Owner/Developer has applied for a
Landscaping Permit Within the Public Rights -of -Way, and has submitted landscape and irrigation
Page 1 of 6
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 Owner/Developer 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. Subject to the issuance of all necessary Permits, County hereby grants to the
Owner/Developer 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 Owner/Developer 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 Owner/Developer fail to construct or maintain the Improvements in
accordance with Schedule "A" or law, the County may provide notice to the Owner/Developer in
writing, specifying the nature of the deficiency. Within five working days following receipt of
such notice, the Owner/Developer 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 Owner/Developer 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 Owner/Developer, and will promptly
bill the Owner/Developer for all actual costs incurred in effecting the repairs. The
Owner/Developer shall reimburse the County for such costs within thirty days of receipt of the
County's bill.
4. The Owner/Developer, as Indemnitor hereunder, shall indemnify and save harmless
the County, as Indemnitee hereunder, including all employees of the County, from any loss or
damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines,
penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation,
against the County arising out of the Owner/Developer'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 Owner/Developer
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 Owner/Developer's written
request, the County will execute a release from indemnification in favor of the Owner/Developer.
Page 2 of 6
J
6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the
County in connection with this Agreement, within thirty days of the date that County is aware of
such claim.
7. Unless terminated as set forth below, this Agreement shall remain in full force and
effect in perpetuity from the date first set forth above, and shall be binding upon the parties and all
their successors in interest. The Agreement may be freely terminated as of right by either party,
with or without cause, upon written notice to the other. If the Owner/Developer exercises this
right, or if the County exercises this right based upon the Owner/Developer's substantial breach
of this Agreement, then upon written demand by County, the Owner/Developer, 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 Owner/Developer 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 Owner/Developer shall pay all costs of recording this Agreement prior to
the execution of this Agreement by issuing a check made payable to the Collier County Board of
County Commissioners. A copy of the Recorded Agreement will be provided to the
Owner/Developer.
10. This Agreement is the entire agreement between the parties, and supersedes all
previous oral and written representations, agreements and understandings between the parties.
This Agreement shall be governed by the laws of the State of Florida, and may not be altered or
amended in any way, save by written agreement signed by all parties.
11. The rights and obligations of this Agreement shall bind and benefit any successors or
assigns of the parties.
12. This Agreement establishes a valid and enforceable covenant running with the land
described in Instrument No. 5979292, OR Book 5870, Page 2249, public records of Collier
County, Florida, Property Appraiser Parcel No. 00254840003, located 2495 Pine Ridge Road,
Naples, FL 34109 (hereinafter "Owner's Property"). Owner/Developer hereby acknowledges that
the specified Road and Improvements described in this Agreement benefit, touch, and are adjacent
to the Owner/Developer's Property. This Agreement shall constitute covenants, restrictions, and
conditions which shall run with the land and shall be binding upon the Owner/Developer's
Property and every person having any interest therein at any time and from time to time.
Page 3 of 6
00y,
In Witness Whereof, the parties have caused these presents to be executed on the day and date
first above written.
SIGNS E PRESENCE OF:
Bess Signature 1
5� cftto���nNCr` If,
Printed Name Wop lot
itness Signature
C, i (ArCA i1t CA-LA-Cl
Printed Name
STATE OF r 4O/31DD,4
COUNTY OF 41L'
OWNER/DEVELOPER:
7 El n, Inc.
By.
2k ��L
Grant Distel, Sr. Development Director
Evidence of signing authority attached
hereto as Schedule "C".
The foregoing instrument was acknowledged before me by means of physical presence
this f� day of Scj/i- , 2021, by Grant Distel as Sr. Development Director for 7
Eleven, Inc., who q is personally known or ❑ has produced �°E'`�sd���.<Y /c�uo�•✓ as
identification.
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Notary Public Signature
Notary Public Printed Name
[the notary public's official seal]
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Page 4 of 6
OF
SIGNED IN THE PRESENCE OF:
Witness Signature
Lau►e,ei evto-5
Printed Name
Witness Signature
Printed Name
STATE OF FLORIDA
COUNTY OF LEE
OWNER/DEVELOPER:
34813 Pine 1Ajdge, LLC
ighton, Manager
Evidence of signing authority attached
hereto as Schedule "C".
The foregoing instrument was acknowledged before me by means of i physical presence or
❑ online notarization,
this
/ Z day
of
Sv%
, 2021, by
M. Dan Creighton
as Manager of 34813
Pine
Ridge,
LLC,
who P?r
is personally
known or ❑ has
produced as identification.
L, ��-/�,
Notary Public Signature
[the notary public's official seal]
Notary Public Printed Name o��P$ Eh'09y'
#FGG917365 ,P;
[Space Intentionally Left Blank]
Page 5 of 6
G
SIGNED IN THE PRESENCE OF:
Witness Signature
Lavrevi 6✓cv1s
Printed Name
Witness Signat re
a4 ,tA o
Printed Name
STATE OF FLORIDA
COUNTY OF LEE
OWNER/DEVELOPER:
Creighton Construction & Management LLC
By: Affordable Family Homes, Inc.,
its Manager
1.2
D. 12reighton
M. Dan Creighton, President
Evidence of signing authority attached
hereto as Schedule "C".
The foregoing instrument was acknowledged before me by means of i physical presence or
❑ online notarization, this /�Z day of J`v/y , 2021, by Mark D. Creighton a/k/a
M. Dan Creighton, as President of Affordable Family Homes, Inc., as Manager of
Creighton Construction & Management LLC, who 2� is personally known or ❑ has
produced l)//� 0,--,41,-• as identification.
oq ,,
Notary Public Signature Q2s, 2
Notary Public Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
LIN
Clerk of the Circuit Court & Comptroller
Collier County, Florida
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney
?� 'nth
.%#Gcs»366
public's official seal]
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
�12�
Page 6 of 6
Penny Taylor, Chairman
CJ
SCHEDULE "A"
PERMIT AND PLANS
Co Leer C,014Mty
Gro%1h Management Department
Date Approved: December 21, 2020
SDP/AR/PSP Number: 20190001384
Project Name: 7-11 Store #34813 Airport & Pine Ridge
Project Address: 2495 Pine Ridge Road, Naples, FL 34109
Subdivision:
Folio No: 254840003
Right -of -Way Permit Number: PRROW2020010401201
Building Permit Number: N/A
Lot:
Section: 11
Block: Unit:
Township:49 Range:25
Type of Construction: ROW Commercial
Detail: Construction of a new turn lane, sidewalk removal and reconstruction
7-11 - 2495 Pine Ridge RD (Northwest corner Airport Pulling Road & Pine Ridge Road)
THIS PERMIT IS VALID FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ISSUANCE.
Please refer to Collier County Portal for issuance and expiration dates.
Property Owner/Applicant:
7 ELEVEN INC Grant Distel
3200 Hackberry Rd
Irving, TX
l elepnone Numoer: CI4-yoo-UyyU
1. Work shall be performed in accordance with approved plan, stipulations
specified as part of this permit and in accordance with Collier County Ordinance #
39-19 and the "Public Right -of -Way Construction Standards Handbook," latest
Applicant declares that prior to filing this application he has ascertained the
ration of all existing utilities, both aerial and underground. Any changes to any
lity shall be the responsibility of the Permittee for all cost.
Tract:
Contractor:
CREIGHTON CONSTRUCTION & MANAGEMENT LLC
900 SW PINE ISLAND ROAD UNIT 202
CAPE CORAL, FL 33991
If the application is made by any person or firm other than the owner c
property involved, a written consent from the property owner shall be
luired prior to processing of the application.
Transportation Services Division approval does not exempt the permittee
im gaining approval from any State, Federal or Local Agencies having
isdiction over the proposed work.
6. This permit is contingent upon Permittee obtaining necessary rights of
If right-of-way permit is issued in conjunction with a residential building permit, entry for construction and maintenance where required right-of-way for
right-of-way permit expires upon completion of the residential building. public use has not been dedicated and accepted by Collier County.
APPROVED BY: ARH
Condition: Deviation request for reduced throat length, reduced turn lane length, and compensating ROW waiver on file.
Condition: All other applicable state or federal permits must be obtained before commencement of the development.
Condition: As Built Drawings are required prior to final inspection for all Commercial ROW permits. The as -built drawings may be submitted
through the CityView Portal Conditions Tab - click "Browse" to upload the documents.
Condition: Before commencement of any excavation, the existing underground utilities in the area affected by the work must be marked by
Sunshine One Call, in accordance with State Statute Chapter 556 "Underground Facility Damage Prevention and Safety", after proper
notification to them by either calling 811 in Florida or toll free at 1.800-432-4770. Visit www.calisunshine.com for more information. Before
commencing excavation for the work, potholing of all potential conflicts must be performed.
Condition: Sunshine 811 Damage Prevention Guide
Chapter 556, F.S., sets a tolerance zone that extends 24 inches from the outer edge of each side of an underground facility. Locate marks
show the approximate location of an underground facility. To be sure where that facility is located, you must expose it using a method below:
• Hand digging at an angle toward the facility
• Pot holing
• Soft digging
• Vacuum excavation methods
• Other similar procedures
Exposing the facility lets you see the facility size and the clearance you need to maintain during excavation. Digging within the tolerance zone
requires special precaution and using mechanized equipment requires a spotter. Within existing pavement, soft digging will be required after
removal of pavement associated with a permitted open -cut.
Condition: The Road Alert Form shall be completed and returned to the email addresses listed at the top of the form a minimum of five
business days prior to any sidewalk closure.
Sr�
Please call 239-252-3726 to schedule required 830 inspection FIRST then subsequent inspections
listed below.
830 - 72 Hr Notice of (1st) Proceeding with Work
800 - Right -Of -Way Final Inspections
Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to
obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state
or federal law.
SEE GENERAL CONDITIONS OF RIGHT-OF-WAY PERMITS
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SCHEDULE "B"
COLLIER COUNTY
MAINTENANCE
SPECIFICATIONS
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.
A. MOWING AND EDGING: Mowing and edging shall include medians as well as those areas, if existing, along
the outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower
equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged
clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half
inches (3 1/z"). The frequency of cutting will be weekly or fifty-two (52) times.
Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs,
around all planting beds, utility service boxes, streetlight 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, signposts, manholes, etc. where they exist.
All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used
for edging.
All sidewalks, curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean, but
no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate
on right-of-way areas.
B. WEEDING: Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as
well as other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide
a weed free and well -maintained area.
C. GENERAL SITE PRUNING: General site pruning shall be defined as the pruning of any plant's foliage below
ten -foot (10') foot.
All groundcovers, shrubs, canopy trees and palms up to ten -foot (10') level, shall be inspected and pruned on a
weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement
purposes and desired shape or form as determined by County's representative. Pruning shall also include removal
of water sprouts, suckers and any dead or diseased foliage or branches.
During the first week of October and April, ornamental grasses, such as Fountain grass, Florida Gamma or
Fakahatchee grass shall be pruned in a pyramid shape to a twelve -inch (12") or twenty-four (24") height based
upon the type of plant. Ornamental type grasses such as Liriope muscari `Evergreen Giant', shall only be pruned
at the direction and approval of the County's representative.
Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimum height of one hundred
twenty inches (120"). Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain
one foot (F) 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.
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E. STREET CLEANING/SWEEPING: Street Cleaning: A four foot (4') wide area measured from the face of the
curb and gutters including turn lanes shall be cleaned with each site service to remove any accumulation of debris
or objectionable growth so to maintain a neat and safe condition.
F. TRAFFIC CONTROL: The 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 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, employees servicing the area shall wear high visibility safety apparel in
compliance with the most current editions of the FDOT Design Standards and the Collier County Maintenance
of Traffic (MOT) policy.
G. CANOPY TREE AND PALM PRUNING: For this site, canopy trees shall be defined as any large shrub, tree,
or palm with foliage above a ten -foot (10') level.
All canopy trees and palms shall be pruned on a continuous basis to create and maintain a seventeen -foot (17')
canopy clearance over the roadways and a ten -foot (10') canopy clearance over all pathways. Canopy trees shall
be selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and
to shape the canopy of the trees. The County's representative shall approve a professional licensed to prune tress
under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional
shall do the pruning and sharpening. The work shall be performed per ANSI AS300 "Standard Practices for
Trees, Shrubs, and other Woody Plant Maintenance" and done in a professional manner in accordance with
"Pruning Standards" of the national Arborist Association or accepted local trade standards and practices.
Palms shall be pruned annually during June of each year. The palms shall be pruned to a "Tropical Cut" or to a
nine (9) o'clock- three (3) o'clock angle from the horizontal at the base of the palm's bud or lowest fronds.
Approximately seven (7) to (10) ten green fronds shall be left at the head after pruning. The pruning shall include
removal of all nuts, seed stalks, brown or dead and lower fronds.
The work shall be done in a professional manner in accordance with acceptable trade standards and practices.
The palms shall not be climbed with tree spikes to remove the fronds. The pruning shall be accomplished by the
use of a ladder, boom truck or lift. All debris from the pruning shall be removed and the site shall be left on a
clean and neat manner.
When the annual or bi-annual heavy pruning work is being performed with the use of a lift or boom truck, it is
required that the adjacent traffic or turn lane to the work area, be closed using traffic control devices and signage
per the current FDOT traffic control standards and indexes.
H. FERTILIZATION: The application of fertilizers shall follow Ordinance No. 2019-18. No Applicator shall
apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Prohibited
Application Period, or to saturated soils. Follow UFAFAS guidelines for turfgrass fertilization.
Contractor/subcontractor must have valid licenses issued by Florida Department of Agriculture and Consumer
Services for Limited Urban Commercial Fertilizer Applicator Certification (FDACS LUFAC). Provide
fertilization services four (4) times a year in March, June, September, and December. Only twice (2) a year if
using six (6) month application rate. Nitrogen content in any fertilizer must be at a minimum of 50% slow release.
Contractor shall ensure that fertilization scheduling does not exceed the fertilizer label rate prescribed and
complies with state and local ordinances. It is important to note that local fertilizer regulations may prohibit the
use of nitrogen fertilizers during the summer months. Applied at a rate of 1.51bs. per 100 square feet. Broadcasted
throughout the planting beds and turf areas. All tree pit areas should be fertilized evenly.
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No fertilizer ring around trees under any circumstances. If a ring is formed, contractor/subcontractor is required
to return to the site and spread the fertilizer correcting the situation at their expense. This may include
contractor/subcontractor purchasing additional fertilizer because applied fertilizer may not be able to spread.
Immediately remove fertilizers from curbs and sidewalk areas to avoid staining.
Fertilization Applications
Contractor/subcontractor shall use deflector shields on all application equipment to minimize the inadvertent
application of fertilizer in non -plant areas. Contractor shall blow, sweep, or wash back into the landscape any
fertilizer deposited on paved or impervious surfaces. Use "Ring of Responsibility" around or along the shoreline
of canals, lakes, or waterways.
Ensure fertilizers and other lawn chemicals do not come into direct contact with the water. Apply fertilizer only
when plants are actively growing. Clean up spilled fertilizer materials immediately as per University of Florida
IFAS recommendations. Store nitrate -based fertilizers separately from solvents, fuels, and pesticides, because
nitrate fertilizers are oxidants and can accelerate a fire. After fertilizing (other than when watering restrictions
apply), irrigate with at least a quarter inch (1/4") of water following fertilization to avoid the loss of nitrogen and
increase uptake efficiency. If water restrictions apply, the contractor may irrigate as permitted but no more than
one-half inch (1/2") following fertilization.
Do not exceed the annual nitrogen recommendations in the Fertilizer Guidelines for Established Turfgrass Lawns
in Three Regions of Florida as provided on the label.
Bed, Tree, Shrub, Palm, Flower, Groundcover Fertilization
Broadcast fertilizer uniformly over all the landscaped areas, and consider root location, fertilization objectives,
and plant species when applying fertilizer. In areas where tree or shrub fertilization zones overlap with lawn
fertilization zones, the contractor shall fertilize one or the other of the plant types, but not both.
Palm Fertilization
Palms have different nutritional requirements from other landscape plants. They suffer quickly and conspicuously
from inadequate mineral nutrition, whether due to insufficient or incorrect fertilization. Division's Landscape
Supervisor will provide the fertilization schedule.
Note: Fertilize palms with a granular slow -release fertilizer three to four times per year. An acceptable
formulation is 8-0-12-4 (N, P, K, Mg plus micro -elements), 50% Slow Release.
Turf Fertilization
Treat deficiencies of specific nutrients with applications of the lacking nutrient in accordance with University of
Florida IFAS recommendations until deficiencies are corrected, or as directed from Division Landscape
Supervisor. Must have prior approval. Adjust fertilizer rates according to health, maturity, and desired growth
patterns.
Fertilization for Establishment
During the establishment phase for shrubs, trees, and ground covers, fertilize landscape plants with a slow -release
fertilizer as per University of Florida IFAS recommendations. Shrubs and groundcovers shall have the fertilizer
blown or fan raked off following the broadcast application. Immediately after the fertilizer is applied, the areas
shall be watered.
H. MULCHING: Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide
for a four inch (4") non -compacted or unsettled depth measured from the existing soil grade. The area to receive
the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the
placement of the mulch. Two inches must be applied to replenish this mulch twice a year, November and during
May.
I. LANE CLOSURE: Lane closure for median maintenance shall comply with the most current editions
of the FDOT Design Standards and the Collier County Maintenance of Traffic (MOT) policy.
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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:
1. A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the systems
are functioning normally and if cuts, leaks, piping damage, flooded areas exist, and repair as necessary. This
shall also include review and re -setting of the controller and in -ground moisture sensor adjustments or other
rain sensing devices as needed.
2. System Computer/Controller
a. Operate, adjust, and set controller to provide proper operation of the systems.
b. Diagnose and repair electrical and mechanical malfunctions.
c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings.
d. Operate controller on automatic, manual, and single trip operation.
e. Monitor controller standby battery backup and replace as required.
3. Automatic Control Assemblies and Quick Coupling Valves
a. Review control valve assembly and 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:
1. Automatic Control Valve Assembly
Manually operate valves, and clean valve assembly filters.
2. Backflow Assembly
Review assembly for proper operation and clean filter as needed.
3. Quick Coupling Valves
Review boxes and operate valve.
4. Pump Sites
a. Once a month, the 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.
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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.
Manually run the system with open flush caps and review sprinkler head indicators located at the end of
zones.
6. Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at
the end of zones where present to determine the system and porous piping is functioning properly.
7. Check, analyze and adjust flow control devices as required.
Quarterly Service Requirements:
1. Review all subsurface system piping, valve assemblies, wiring, moisture sensors and controllers for
overall operation and provide adjustments as required to assure proper operation and irrigation
application.
Conventional Pop-up Irrigation Systems:
Weekly Service Requirements:
1. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system.
2. Repair system for any blown -off heads, broken lines or leaks around heads or valves.
3. Check the controller and rain sensing devices for proper operation and settings.
4. The 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:
1. Manually run the system, clean and adjust sprinkler heads/nozzles and concrete donuts as necessary to
ensure proper coverage and that there are no sprinkler heads/nozzles spraying directly onto the roadway.
a. Each median and side right-of-way zone shall be manually turned on at the valve to ascertain proper
operation of the system.
b. Repair system for any blown -off head, broken lines or leaks around heads or valves.
c. Check the controllers and rain sensors for proper operation and settings.
d. The 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 Association.
4. Inspect, clean, and replace, if necessary, screen/filters within the sprinkler heads.
5. Keep all grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level.
All valve boxes in plant beds are to be kept two inches (2") above finished mulch.
6. One hundred percent (100%) irrigation coverage shall be maintained within all irrigated landscaped areas
while this Contract is in effect.
Notification to the County's representative is required when acts of vandalism or accidents have occurred
to the irrigation system. Photos shall be taken and provided to the County's representative at no added
cost.
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UOD
Miscellaneous Irrigation Maintenance Responsibilities:
1. Should the temperature be forecast to be below thirty-four (34) degrees, the Association shall be
responsible for turning the irrigation system off 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 volt and 24-volt fuses,
24 volts output when necessary.
4. The irrigation services personnel must trouble shoot any pump start relay, main fuses, and capacitors
when necessary.
K. BRICK PAVERS: All median brick paving shall be pressure cleaned twice per year, in April and November, to
remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the
Associations shall clean-up debris if present, and or flag off the areas with protective barriers and/or high visibility
hazard tape. Damaged areas must be repaired as quickly as possible.
L. PEST CONTROL: Trees, Palms, Shrubs, Groundcovers, and Sod must be closely monitored for pests and
diseases and must be treated appropriately by a licensed Pest Control Operator approved by the County's
representative.
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SCHEDULE "C"
SIGNING AUTHORITY
c ��
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That 7-ELEVEN, INC., a Texas corporation, formerly known as The Southland
Corporation, acting by and through Rankin L. Gasaway, Senior Vice President, General
Counsel and Secretary, does hereby nominate, constitute and appoint Grant Distel, Senior
Director of Development, as agent and attorney -in -fact ("Agent") of 7-Eleven, Inc. and its
subsidiaries (collectively, "7-Eleven"), for purposes of executing and delivering
instruments and documents as more particularly described below, and does hereby grant,
delegate and invest said Agent with power and authority to execute and deliver for, in the
name of, and on behalf of 7-Eleven, and in connection with the business and affairs of 7-
Eleven, the following instruments and documents:
contracts, options, deeds, easements, rights of way, conveyances, bills of sale,
access agreements, remediation agreements, escrow agreements, non -
competition agreements, confidentiality and non -disclosure agreements,
mortgages, security agreements, financing statements and such other
agreements or instruments as he deems necessary in connection with the
purchase, sale, conveyance or financing of real or personal property or any
interest therein or relating to other transactions to which 7-Eleven is a party;
2. leases and subleases (and memoranda thereof) of real or personal property in
which 7-Eleven is lessor, lessee, sublessor or sublessee, whether direct or
indirect; and
3. subordination agreements, certificates, assignments, extensions, discharges,
releases and satisfactions of accounts receivable, notes, bonds and mortgages,
whether relating to real or personal property.
Agent may exercise the power and authority herein granted, delegated and invested,
in any particular and appropriate transaction or matter, either as an agent or attorney -in -fact
of 7-Eleven. Any instruments and documents executed and delivered by Agent under this
Special Power of Attorney shall be acts of 7-Eleven and may be relied upon by third parties
dealing with 7-Eleven, such acts being hereby ratified and confirmed by virtue hereof.
This special power of attorney shall continue until revoked.
APPROVED AND EXECUTED this 19th day of July, 2018.
Signed, sealed and delivered in the
Presence of the following witnesses:
i
gna�Witmss
KeneiShA Mi ilea
Printed Name of Witness
7-ELEVEN, INC.
By. ,
Rankin L. Gasa - y
Senior Vice President,
General Counsel and
Secretary
Special Power of Attorney - Grant Distel
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned, a Notary Public in and for the aforesaid County and
State, on this day personally appeared Rankin L. Gasaway, Senior Vice President, General
Counsel and Secretary, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same was the act of the said
corporation and that he executed the same as the act of such corporation for the purposes
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 04-' day of July, 2018.
NO ARY PUBLIC
My commission expires;
TIAWANA HALL
*( Notary Public, State of Texas
My Comm. Expires 12-5-2020
!r�>cF�e�' Notary ID 13092091-2
Special Power of Attorney — Grant Distel 010-0
2021 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT
DOCUMENT# L20000309686
Entity Name: 34813 PINE RIDGE, LLC
Current Principal Place of Business:
2240 WEST FIRST STREET
SUITE 101
FORT MYERS, FL 33901
Current Mailing Address:
2240 WEST FIRST STREET
SUITE 101
FORT MYERS, FL 33901
FEI Number: 85-3560908
Name and Address of Current Registered Agent:
HF REGISTERED AGENTS, LLC
1715 MONROE STREET
FORT MYERS, FL 33901 US
FILED
Jan 20, 2021
Secretary of State
7530214487CC
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Authorized Person(s) Detail
Title MGR
Name CREIGHTON, M. DAN
Address 2240 WEST FIRST STREET SUITE 101
City -State -Zip: FORT MYERS FL 33901
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
SIGNATURE: M. DAN CREIGHTON MGR 01/20/2021
Electronic Signature of Signing Authorized Person(s) Detail Date
2021 FLORIDA LIMITED LIABILITY COMPANY AMENDED ANNUAL REPORT FILED
DOCUMENT# L07000103128 Apr 22, 2021
Entity Name: CREIGHTON CONSTRUCTION & MANAGEMENT LLC Secretary of State
2362871512CC
Current Principal Place of Business:
2240 W FIRST STREET
SUITE 101
FORT MYERS, FL 33901
Current Mailing Address:
2240 W FIRST STREET
SUITE 101
FORT MYERS, FL 33901 US
FEI Number: 26-1210044 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
CREIGHTON, M. DAN
2240 W FIRST STREET
STE 101
FORT MYERS, FL 33901 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Authorized Person(s) Detail
Title MGRM
Name AFFORDABLE FAMILY HOMES, INC.
Address 2240 W FIRST ST, STE 101
City -State -Zip: FORT MYERS FL 33901
Title
MGR
Name
INTL. LAND, INC.
Address
INTL LAND INC - 1329 EAGLE RUN DR
City -State -Zip:
SANIBEL FL 33957
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
SIGNATURE: M. DAN CREIGHTON MEMBER 04/22/2021
Electronic Signature of Signing Authorized Person(s) Detail Date
2021 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P05000038241
Entity Name: AFFORDABLE FAMILY HOMES, INC.
Current Principal Place of Business:
2240 W FIRST ST, STE 101
FORT MYERS, FL 33901
Current Mailing Address:
2240 W FIRST ST, STE 101
FORT MYERS, FL 33901 US
FEI Number: 20-2486446
Name and Address of Current Registered Agent:
CREIGHTON, MARK D
767 CAL COVE DRIVE
FORT MYERS, FL 33919 US
FILED
Jan 20, 2021
Secretary of State
0774094988CC
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail
Title PVST
Name CREIGHTON, MARK D
Address 767 CAL COVE DRIVE
City -State -Zip: FORT MYERS FL 33919
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE: MARK D CREIGHTON PVST 01/20/2021
Electronic Signature of Signing Officer/Director Detail Date