Backup Documents 07/25/2023 Item #16K 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 K 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting. �,�,�,,,�
ROUTING SLIP erl riV
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information nee ed. If the document i alreaby complete with the
exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to,th• ount Attorney Office.
Route to Addressee s (List in routing order) Office Initials Date
1. `►
2.
3. County Attorney Office County Attorney Office [ZS
2A,4. BCC Office Board of County ` l
Commissioners _ ((, //f i(� 7/2$lZ
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Sally Ashkar, Esq. Phone Number 252-8842
Contact/Department County Attorney's Office
Agenda Date Item was 7-25-2023 Agenda Item Number 16.K.3
Approved by the BCC
Type of Document Grant of Easement Number of Original
Attached Documents Attached 1
PO number or account 3090000000/163650 Project No. 60259.3
number if document is (Please reference attached recording form)
to be recorded
PLEASE SCAN INTO GOODLETTE-FRANK 60259 PROJECT (VBR TO IMMOKALEE)
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters, must be reviewed and signed SA /�
by the Office of the County Attorney. /0"T•
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board PIA
5. The Chairman's signature line date has been entered as the date of BCC approval of the ,/I
document or the final negotiated contract date whichever is applicable. (•tl
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. N/jq
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 7-25-2023 (enter date)and all changes l/A is not
made during the meeting have been incorporated in the attached document. The an option for
County Attorney's Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the /A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the 1 option for
Chairman's signature.
I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
INSTR 6434330 OR 6272 PG 3614
RECORDED 7/28/2023 12:35 PM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$35.50
CONS$10.00
GRANT OF EASEMENT 1 6 K 3
Know all men by these presents that Collier County, a political subdivision of
the State of Florida, and the owner of that certain land in Collier County, Florida
described in Exhibit "A" attached hereto and made a part hereof (the "Easement
Area"), as Grantor, in consideration of the sum of Ten Dollars ($10.00) and other
valuable consideration, the receipt of which is hereby acknowledged, grants and
conveys to the Pelican Marsh Community Development District, a special purpose
unit of local government and community development district established pursuant to
Chapter 190, Florida Statutes, as Grantee, and its members, successors and assigns,
for the use and benefit of the Grantee, and its members, successors and assigns, a
perpetual right, privilege and easement for ground-level ingress, egress, access,
passage, roads, streets, sidewalks, paths, drainage, landscaping and utilities on, over,
upon, under and across the Easement Area.
Grantee, by this Grant of Easement, has the right to install, construct, reconstruct,
connect, operate and maintain in the Easement Area, from time to time, ground-level
roads, streets, sidewalks, paths, irrigation lines, pipes and systems, landscaping, street
lights, drainage structures and facilities, their appurtenances and associated
improvements, the maintenance of which shall be the responsibility of Grantee, and to
use the Easement Area at ground-level for all other purposes as outlined herein.
Landscape improvements in the Easement Area and their maintenance are subject to
that certain Landscape Maintenance Agreement dated 3-v11 'L(9, 2023 between the
Grantor and Grantee.
The Grantor covenants that it has the full right and title to execute and deliver this
Grant of Easement to Grantee and to convey the said easement on, over, upon, under
and across the Easement Area at ground level.
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IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal this rk5 day
of 5U[L.1 g , 2023.
Signed, sealed and delivered
in the presence of
ATTEST:
CRYTSAL K. KINZEL,
CLERK OF COURTS
COLLIER COUNTY, a political
subdivision of the State of Florida
By ABM/ By:
DEPUTY �CLERK- . � _ RICK LOCASTRO, CHAIRMAN
Attest as to Char*•nan's'?• .' COLLIER COUNTY BOARD OF
signs we on)1 .. ••cis*'
� COUNTY COMMISSIONERS
Approv as to form and legality
t ou ty Attorney
re
2
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16K 3
27 26
N84°26'50"E I N89.3131"W 772.91' /--i
• (BASIS OF BEARINGS) 34 35
130.00' o^ I PARCEL No. N. LINE OF SECTION 34 -P.O.C.
55'FPL FASLJIM o I 66679508029
1 NORTHEAST CORNER OF SECTION 34,
(o08 1907,PG.2221) PELICAN MARSH
n I P.O.B.
GOLF CLUB INC TOWNSHIP 48 SOUTH, RANGE 25 EAST
PARCEL No.66679351250 i 2 TRACT 1" COLLIER COUNTY, FLORIDA PER THE PLAT
BAY COLONY GOLF CLUB INC PELICAN MARS OF PELICAN MARSH GOLF COURSE PHASE ONE,
(ORB 2758,PG 2381) I i r 20'UTILITY EASEMENT UNIT-TWENTY SIX PLAT BOOK 23, PAGES 40 THROUGH 47,
N05°33'10"W Imo--(ORB 1993, PG 1634) i"3 4i.?`S 42) —PUBLIC RECORDS OF COWER COUNTY, FLORIDA
210.00' I p
S05°33'10"E 210.00'—R\ R\ _
PELICAN MARSH BLVD
'.PELICAN MARSH BLVD ' 1 O I O'UE(P) (100' RIGHT-OF-WAY) _
•
(100' RIGHT-OF-WAY) V R\ _
•
PARCEL No. 66679450054
•
'.PARCEL N0.66679203751 I I PELICAN MARSH CDD
PEUCAN MARSH COD I I I 0 I (ORB 2414, PG 3478) N
'':(ORB 2414,PG 3478) O i.I_..y........ 'TRACT A" & CUE •
'TRACT B'&CUE I I _ O I p DEL; ;• ' •
;, q
S84°26'50"W F' ':�t ...R,
d A iii=i T six
20'GOLFCART PATH ' I4o ..11 o III I O'o< DESCRIBED PARCEL OIFLAND 0
EASEMENT(P) I f-:-..6-??,,: r-33 I 'PO '1' 10
I i m A III �8 OA, ss CONTAINS 0.63 AC127,300 SO.FT.,t
o s o s
fn I I C�Ji -I Pt I I I loCi�qC/C9 9S..
n
E • v•A z m I I Z II I J �s-> I I 0 50 100 200
o : o W v r I I ? y x E'LY RIGHT—OF—WAY 4 � � ) mmommm
m p A z I C I (INTENDED DISPLAY SCALE: 1"=200')
i g; rn=P I GOODLE77E FRANK ROAD
n 2:- --a rn — I I 20'LEA`
o ;�7. _ 1;1 - -v o o- UE(P) I _ L
N
c� I� h:• nJnO /
—
- ;•:..�. mu r u / A
5'UE(P)
-,c r So I �20'UILITY EASE-MEW/�
x u;;±i:a : Z I (ORB 1993, PG 1634)
0 .. II II \..\..,
i I\\ PARCEL No. 66679301006 6679301006
\�Iv PELICAN MARSH GOLF CLUB INC
° 1 ) f/ I U (ORB 2622, PG 93)
o. WESTERLY RIGHT-OF-WAY
GOODL.L I IL FRANK ROAD �(4I/� I
•
10'
.o I \ GOLF COURSE,
\\I I PHASE 0,.,E
I
1 AI ':.. 923, o 40)
•
I
I/
NOTES: THIS IS NOT A SURVEY.
1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
0 USED AS ONE.
. 2. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE NORTH LINE AND BELIEF, THAT THE LEGAL DESCRIPTION AND
OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
N COUNTY, FLORIDA, WHEREIN SAID NORTH LINE BEARS N.89'31'31"W. WITH THE APPLICABLE PROVISIONS OF CHAPTER
0 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
- 3. PARCEL CONTAINS 27,300 SQUARE FEET OR 0.63 ACRES, MORE OR TO CHAPTER 472, FLORIDA STATUTES.
✓ LESS.
4. P.O.C. = POINT OF COMMENCEMENT
ril 5. P.O.B. = POINT OF BEGINNING
ir 6• . ORB = OFFICIAL RECORDS BOOK ____ _
g" 7• . PB/(P) = PLAT BOOK/PLAT EXHIBIT MARK D. HAINES (FOR THE FIRM L.B. 642)
8. PG = PAGE PROFESSIONAL SURVEYOR AND MAPPER
i 9. IE = COATIONUNTY L NT FLORIDA CERTIFICATE NO. 5312 --'-
O 10. CUE = COUNTY UTILITY EASEMENT
11. LE = LANDSCAPE EASEMENT DATE SIGNED: _
M 12. UE = UTILITY EASEMENT
0 13. R/W = RIGHT-OF-WAY 6. • z NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
14. SQ. FT./AC. = SQUARE FEET/ACRES RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
0 15. NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2. AND MAPPER.
0
i SKETCH AND DESCRIPTION
LICAN MARSH BLVD-ROAD
A
,J O y a FORT M JOHNSON ENGINEERING, INC.
2122 P.O.
BOX FLORIDA 533902 i 55o GOODLE ECE N 34,TOWNSHIP 48COUNTY TH,R ANGE 25 EAST EASEMENT
N PHONE: (239) 334-0046 DATE PROJECT N0. FILE N0. SCALE SHEET
ENGINEERING E.B. #642 & L.B. 642
02/17/23 20023551-001 34-48-25 1"=200' 1 OF 2
(CTO\1
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LEGAL DESCRIPTION
PELICAN MARSH CDD
GOODLETTE FRANK ROAD RIGHT-OF-WAY
PELICAN MARSH BLVD. - ROAD EASEMENT
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A PARCEL OF LAND BEING A PORTION OF THE RIGHT-OF-WAY OF
GOODLETTE FRANK ROAD (130 FEET WIDE), ACCORDING TO THE
PLAT OF FRANK BOULEVARD AS RECORDED IN PLAT BOOK 13, AT
PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 34
ACCORDING TO THE PLAT OF PELICAN MARSH GOLF COURSE
PHASE ONE AS RECORDED IN PLAT BOOK 23, AT PAGES 40
THROUGH 47 OF THE AFOREMENTIONED PUBLIC RECORDS; THENCE,
ALONG THE NORTH LINE OF SAID SECTION 34, N.89'31'31"W.,
772.91 FEET TO AN INTERSECTION WITH THE EASTERLY
RIGHT-OF-WAY OF THE AFOREMENTIONED GOODLETTE FRANK ROAD
o (130 FEET WIDE); THENCE ALONG SAID EASTERLY RIGHT-OF-WAY,
S.05'33'10"E., 190.07 FEET TO THE POINT OF BEGINNING; THENCE,
CONTINUE ALONG SAID EASTERLY RIGHT-OF-WAY, S.05'33'10"E.,
N 210.00 FEET; THENCE S.84'26'50"W., 130.00 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY OF THE
AFOREMENTIONED GOODLETTE FRANK ROAD (130 FEET WIDE);
THENCE, ALONG SAID WESTERLY RIGHT-OF-WAY, N.05'33'10"W.,
210.00 FEET; THENCE N.84'26'S0"E., 130.00 FEET TO AN
INTERSECTION WITH THE AFOREMENTIONED EASTERLY RIGHT-OF-WAY
OF GOODLETTE FRANK ROAD (130 FEET WIDE) AND THE POINT OF
BEGINNING.
0
SAID PARCEL CONTAINS 0.63 ACRES OR 27,300 SQUARE FEET,
E MORE OR LESS.
2
Z
C
O
U,
N
O
t
O+
m
Z
0
EXHIBIT
N 4
N THIS IS NOT A SURVEY. P9G`r 2 or
**NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2.
JOHNSON ENGINEERING, INC. SKETCH AND DESCRIPTION
2122 JOHNSON STREET GOODLETTE FRANK RD/PELICAN MARSH BLVD-ROAD EASEMENT
g P.O. BOX 1550 SECTION 34,TOWNSHIP 48 SOUTH,RANGE 25 EAST
FORT MYERS, FLORIDA 33902-1550 COLLIER COUNTY,FLORIDA
te ENGINEERING E.B.PHONE: (239) L.B. #046 DATE PROJECT NO. FILE NO. SCALE SHEET
E.B. #642 & .B. 642
02/17/23 20023551-001 34-48-25 N/A 2 OF rtsQ
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
l'rint on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 throu h#2,complete the checklist,and forward to the Count Attomey Office.
Route to Addressees (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 9Pr I
4. BCC Office Board of County
Commissioners R` k Y roice(/� I
5. Minutes and Records Clerk of Court's Office yinlr git_ ,3 9:5(„
PRIMARY CONTACT INFORMATION l l�
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Sally Ashkar, Esq. Phone Number 252-8842
Contact/Department County Attorney's Office
Agenda Date Item was 7-25-2023 Agenda Item Number I6.K.3
Approved by the BCC
Type of Document Landscape Maintenance Agreement Number of Original
Attached Documents Attached 1
PO number or account DO NOT RECORD Project No. 60259.3
number if document is /y� d f
to be recorded —/•ie,l,o 4. e
DO NOT RECORD
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information (Name;Agency; Address; Phone)on an attached sheet. _
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 7-25-2023 (enter date)and all changes ]IA is of
made during the meeting have been incorporated in the attached document. The 70,1P n option `
County Attorney's Office has reviewed the changes,if applicable. _ this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the n option for
Chairman's signature. this line.
I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Memorandum
Minutes and Records:
I need to have the originals back, at the request of the presiding attorney.
Please call 2939 or email me at Madison.Bird@Colliercountyfl.gov when they are
ready.
Thank you
LANDSCAPE MAINTENANCE AGREEMENT
This Landscape Maintenance Agreement is entered into this$day of 5)11 ,2023
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 Pelican Marsh Community Development District, a community development
district established by Chapter 190, Florida Statutes, whose mailing address is do Dorrill
Management Group, LLC, 5672 Strand Court, Suite#1,Naples, FL 34110 (hereinafter referred to
as the "District").
RECITALS:
WHEREAS, County is the owner of that certain right-of-way located in Collier County,
Florida and known as Goodlette-Frank Road(hereinafter referred to as the"GF Road ROW");and
WHEREAS, for a substantial number of years, the District has installed, constructed,
maintained and currently maintains certain improvements, including but not limited to irrigation
lines,pipes and system and landscaping,their appurtenances and associated improvements,within
the portion of the GF Road ROW described in the attached Exhibit"A"; and
WHEREAS, the parties have entered into: 1. that certain Grant of Easement dated 1,2S)
2023, between the County as Grantor and the District as Grantee encumbering the portion of the
GF Road ROW depicted and described in the attached Exhibit "A"; and, 2. the Express
Reservation Of Uses detailed, described and outlined in that certain Quit-Claim Deed
dated 3Uly VA , 2023 between the District as Grantor and the County as Grantee,
recorded at Official Records Book Coll 2 , Page 3552, Public Records, Collier County, Florida,
concerning the portion of GF Road ROW described in the attached Exhibit"B" (the rights,uses,
and grants contained therein hereafter collectively referred to as the "District's Rights Of Use
Documents"), and
WHEREAS, the parties wish to memorialize their understanding that landscape
improvements within the portion of the GF Road ROW described in the attached Exhibit"A" are
to comply with the County handbook titled "Collier County Landscape and Irrigation
Specifications for Beautification Improvements Within the Public Right-of-Way, Collier County,
Florida"(2009),"and its appendices, as may be amended from time to time,after delivery of such
amendments to the District(the"County Specifications")and that the District shall be responsible
to maintain such landscape material and irrigation system until removed, and,
WHEREAS, the County acknowledges and agrees that the existing District landscape
improvements within the portion of the GF Road ROW described in the attached Exhibit "A"
consist of the landscape and irrigation improvements described on the attached Exhibit "C" (the
"Existing Landscape Improvements"); and,
WHEREAS,the County acknowledges and agrees that the District has the right to operate,
maintain, replace, reinstall and reconstruct the Existing Landscape Improvements, subject to the
terms of this Agreement; and
1
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WHEREAS, in addition to the above regarding the Existing Landscape Improvements,the
County acknowledges and agrees that the District has the right in the future to place, install and
construct, and thereafter operate and maintain, new or different landscape and irrigation
improvements in the portion of the GF Road ROW described in the attached Exhibit "A", (the
"Future Landscape Improvements"), subject to the terms of this Agreement; and
WHEREAS, the County has inspected and approves the Existing Landscape
Improvements; and,
WHEREAS, the Existing Landscape Improvements and the Future Landscape
Improvements are collectively referred to herein as the "District's Landscape Improvements";
and,
WHEREAS,the County Specifications attached as Exhibit"D"also contain the minimum
standards for maintenance of the District's Landscape Improvements as the District has the
discretion and ability to implement additional maintenance standards.
NOW,THEREFORE, in consideration of the covenants contained herein,the parties agree
as follows:
1. County hereby agrees that the District has the right to use those portions of the GF Road
ROW detailed,described and depicted in Exhibit"A"and the District's Rights Of Use Documents
for the purposes outlined therein and herein.
2. The District agrees to operate, maintain, install and re-install the Existing Landscape
Improvements at its sole cost and expense, until such time as the County executes a release from
indemnification as discussed below.
3. The District agrees to obtain the prior written approval of the County prior to installing
and constructing any Future Landscape Improvements. The District shall provide to the County a
detailed description of the Future Landscape Improvements, which shall be subject to review and
approval by the County. Approval of the Future Landscape Improvements shall not be
unreasonably withheld, however, the County shall require that any Future Landscape
Improvements are consistent with the County Specifications and do not conflict with the structural
integrity of GF Road ROW, in the sole reasonable discretion of the County. Supplements to this
Agreement to reflect such Future Landscape Improvements may be required. The installation,
maintenance and operation of any District Future Landscape Improvements shall be at the sole
cost and expense of the District. The District agrees to operate, maintain, install and re-install
approved District Future Landscape Improvements, until such time as the County executes a
release from indemnification as discussed below.
4. Should the District fail to construct or maintain the District's Landscape Improvements in
accordance with the Specifications or law,the County may provide notice to the District in writing,
specifying the nature of the deficiency. Within five working days following receipt of such notice,
the District at its sole cost shall cause the appropriate repairs or cure to be effected. In the event
damage to, or failure to maintain the District's Landscape Improvements results in a situation
where public safety is at risk,(1)the District shall effect repairs within twenty-four hours of receipt
2
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of the County's written notice, or(2)the County may, at its option, effect repairs to the District's
Landscape Improvements, without the need for prior notice to the District, and will promptly bill
the District for all actual costs incurred in effecting the repairs. The District shall reimburse the
County for such costs within thirty days of receipt of the County's bill.
5. Should the County in its sole reasonable discretion determine that the District's Landscape
Improvements need to be removed for purposes including maintenance, inspection, repair,
construction and construction related activities, conflict with operation of GF Road ROW, and
expansion of GF Road ROW,the County shall provide written notice to the District to remove the
District's Landscape Improvements, which the District shall do at their sole cost and expense
within a reasonable time frame provided by the County, but no less than fifteen (15) days. The
County will provide at least thirty (30) days written notice to the District for removal of the
District's Landscape Improvements when required for pre-planned construction activities,
including expansion of GF Road ROW. If the District does not effect removal of the Districts'
Landscape Improvements within the time frame provided by the County, the County may, at its
option, effect removal of the District's Landscape Improvements, without the need for additional
notice to the District, and will promptly bill the District for all actual costs incurred in effecting
the removal. The County shall not be responsible for the restoration or reinstallation of the
District's Landscape Improvements.
6. The District,as Indemnitor hereunder,to the extent authorized or provided by Florida law,
and without expanding or enlarging the limited waiver of sovereign immunity in Section 768.28,
Florida Statutes, 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 District's use
of the GF Road ROW for the purposes set forth in this Agreement,relating to the construction and
removal of the District's Landscape 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.
7. 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 District has ceased to use the
GF Road ROW for the landscaping purposes stated within this Agreement and the GF Road ROW
has been restored as set forth below, at which time, following receipt of the District's written
request,the County will execute a release from indemnification in favor of the District.
8. 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.
9. 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 not less than thirty (30) days written notice to the other. If the District
3
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exercises this right,or if the County exercises this right based upon the District's substantial breach
of this Agreement,then upon written demand by County,the District,at its sole cost and expense,
shall remove the District's Landscape Improvements. If the County exercises this right, or if the
District exercises this right based upon the County's substantial breach of this Agreement, then
the County will be responsible for any removal of the District's Landscape Improvements or
restoration of the GF Road ROW. Except for the above, neither party will be liable to the other
for any damages or claims resulting from the termination of this Agreement.
10. 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. The County and the
District will amicably attempt to resolve any conflicts that arise out of this Agreement. If the
County and the District cannot resolve a conflict, the Parties will then participate in voluntary
mediation in an attempt to resolve any such conflicts. If voluntary mediation is unsuccessful, ,the
Parties will utilize Chapter 164, Florida Statutes for the enforcement of this Agreement.
11. This Agreement may be recorded by the County in the Official Records of Collier County,
Florida. The District 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 County.
12. Other than the District's Rights Of Use Documents,this Agreement is the entire agreement
between the parties, as to the District's Landscape Improvements and supersedes all previous oral
and written representations, agreements and understandings between the parties. This Agreement
shall be governed by the laws of the State of Florida, and may not be altered or amended in any
way, save by written agreement signed by both parties.
13. The rights and obligations of this Agreement shall bind and benefit any successors or
assigns of the parties.
In Witness Whereof, the parties have caused these presents to be executed on the day and
date first above written.
[BALANCE OF PAGE INTENTIONALLY BLANK]
[SIGNATURES ON FOLLOWING PAGES]
4
cqo
ATTEST: COLLIER COUNTY, a political subdivision
CRYSTAL K. KINZEL, of the State of Florida
CLERK OF COUR S.
B By: �G-'
DEPUTY CLERK ' RICK LOCASTRO, CHAIRMAN
Attest as to,,�hairman's COLLIER COUNTY BOARD OF
signature only _ COUNTY COMMISSIONERS
ATTEST: PELICAN MARSH COMMUNITY
DEVELOPMENT DISTRICT,a community
3- )2 development district of the Stateof Florida
By: JIV By: a4,74,4._
SECRETARY/ASST.SECY. f�(�lnr� CHAIR/VICE CHAIR
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me by means of V physical presence or ✓
online notarization, this `4hday of v3 ki+,, 2023, by 41 i vetV, l icti‘,.e, as
Chair/Vic,--Char of the PELICAN MARSH CON IUNITY DEVELOPMENT DISTRICT. He is
personally known to me and did take an� t�., 1:: b00-021--
Notary , `"
�-—— —--—--——. Print Name: R'��,� i �- U U�
4••L Notary ONIQUE ROwELL I Notary Publi5,2. .�" .
y !I o issic•State of5 Florida ( 4 `151>J
..�l. Commission 9 HH 95035 Commission No.
, .,. My Comm.Expires Feb ta,2025 F
f Dorded through National Notary Assn. I (SEAL)
My Commission Expires: ' i� ) a a
Approv-4 : to form and legality
3�'ty. t ;ty Attorn
5
Z/\1\1(1°\1 Cq0
27 26
N84°26'50"E t, N89.3131"W 772.91' /-5-41 35
o I PARCEL No. (BASIS OF BEARINGS)
130.00' _0 66679508029 N. LINE OF SECTION 34 P.O.C.
�,�.._-.�•� o I PELICAN MARSH NORTHEAST CORNER OF SECTION 34,
(ORB 1907 FG 2221) i l _"n 1 P.O.B. GOLF CLUB INC TOWNSHIP 48 SOUTH, RANGE 25 EAST
PARCEL No.66679351250 1 I COLLIER COUNTY, FLORIDA PER THE PLAT
Z "TRACT 1" !J�[Li i;i•= .3
BAY COLONY GOLF CLUB INC . . . _._-. MARSH..• — OF PELICAN MARSH GOLF COURSE PHASE ONE,
(ORB 2758,PG 2381) I 1 20"UT7UTY EASEMENT UNIT TWENTY SIX PLAT BOOK 23, PAGES 40 THROUGH 47,
N05°33'10"W 1 I�—(ORB 1993,^G 1634) 'B 4':.'PC 42) • PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
210.00' I - S05°33'10"E210.00'- - -- - a� —
. PELICAN _MARSH BLVD
PELICAN MARSH BLVD 11 H0'UE(P) (100' RIGHT-OF-WAY)
(100' RIGHT-OF-WAY) V T -
t PARCEL No. 66679450054
•
'PARCEL N0. 66679203751 1 1 I PELICAN MARSH CDD �I
PELICAN MARSH CDD 1 1 (ORB 2414, PG 3478) N
...(ORB 2414,PG 3476) 0 .1••I............. "TRACT A" & CUE
-TRACT B`&CUE I I C 1 l
S84°26'50"W d 1 tiFUT MARS1. -
-PELICAN
•
,n q UNIT Six
130.00'•
I �Gy9P (PB 24,PG 50)
•.20'GOLFCART PATH ' I), 8 r�-3 111 1 ro'iII i
-8-
o ti DESCR/BED PARCEL°HAND
EASEMENT(P) 7= *'}A ' ti o
i.� 11 1 .q8 0,; 66, CONTAINS 0.63ACJ27,300 SQ.FT.,t
0 6 A 6"
•
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rn v� 1 1 �'':= 11 1 8,/,6�95,
E yZzc� x;- I
o A m .-z; '2, 11 I J Asti I I 0 50 100 200
r i m p A z 1 x 1 ELY RIGHT-OF-WAY 1e,
1 `F; 7o rn=P 1 1 1 GOODLEIIL FRANK ROAD I (INTENDED DISPLAY SCALE 1"=200')
rn --n"0 rn --. 20'LE&
ro r 1 •
';'e ?;. D coo I�20'UTILITY EASEMENT
x c,In'=.! - z /(1 1 -", I (ORB 1993, PG 1634)
z;
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PARCEL No. 66679301006
\\ !` PELICAN MARSH GOLF CLUB INC
Ti, 1 ) l U (ORB 2622, PG 93)
a WESTERLY RIGHT-OF-WAY
, GOODLLIII FRANK ROAD �/� 1
E •
at •
10'IE(P) 1
•
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° •
• PHASE ONE
30 • / ` r 1 j 1 (PB 23, PG 4..)
n I
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rf. ,� / 1
8
a NOTES: THIS IS NOT A SURVEY.
0 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
USED AS ONE.
i AND BELIEF, THAT THE LEGAL DESCRIPTION AND
,, 2. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE NORTH LINE ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
1 OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
N WITH THE APPLICABLE PROVISIONS OF CHAPTER
o COUNTY, FLORIDA, WHEREIN SAID NORTH LINE BEARS N.89'31'31"W' 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
i 3. PARCEL CONTAINS 27,300 SQUARE FEET OR 0.63 ACRES, MORE OR TO CHAPTER 472, FLORIDA STATUTES.
, LESS.
4. P.O.C. = POINT OF COMMENCEMENT
,:, 5. P.O.B. = POINT OF BEGINNING
6. ORB = OFFICIAL RECORDS BOOK
' PB8. PG/(P)PAGE PLAT BOOK/PLAT EXHIBIT MARK D. HAINES (FOR THE FIRM L.B. 642)
P' 9. IE = IRRIGATION EASEMENT FLORIDASICNAL CERTIFICATE NO. 5312SURVEYOR ANDMAPPER
$ 10. CUE = COUNTY UTILITY EASEMENT
' 11. LE = LANDSCAPE EASEMENT ADATE SIGNED: _
( 12. UE = UTILITY EASEMENT ---
O 13. R/W = RIGHT-OF-WAY ' 0GF 4Cc'e_, NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
5 14. SQ. FT./AC. = SQUARE FEET/ACRES RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
O 15. NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2. AND MAPPER.
0
H SKETCH AND DESCRIPTION
JOHNSON ENGINEERING INC.
J ��u I\ 212P o BoxONseo E� GOODLE TE FRANK ECT ON 34,TOWNHIP 8 SOUTH,RRANGE 25 STAD EMENT
j j S 1 ` FORT MYERS, FLORIDA 33902-1550 COLLIER COUNTY,FLORIDA
33 -0046
ENGINEERINGE.BN#6423& L.B4#642 DATE PROJECT NO. FlLE NO. SCALE SHEET
02/17/23 20023551-001 34-48-25 1"=-200. 1 OF 2
- _ CPO
LEGAL DESCRIPTION
PELICAN MARSH CDD
GOODLETTE FRANK ROAD RIGHT-OF-WAY
PELICAN MARSH BLVD. - ROAD EASEMENT
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A PARCEL OF LAND BEING A PORTION OF THE RIGHT-OF-WAY OF
GOODLETTE FRANK ROAD (130 FEET WIDE), ACCORDING TO THE
PLAT OF FRANK BOULEVARD AS RECORDED IN PLAT BOOK 13, AT
PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 34
ACCORDING TO THE PLAT OF PELICAN MARSH GOLF COURSE
PHASE ONE AS RECORDED IN PLAT BOOK 23, AT PAGES 40
THROUGH 47 OF THE AFOREMENTIONED PUBLIC RECORDS; THENCE,
ALONG THE NORTH LINE OF SAID SECTION 34, N.89'31'31"W.,
772.91 FEET TO AN INTERSECTION WITH THE EASTERLY
C RIGHT-OF-WAY OF THE AFOREMENTIONED GOODLETTE FRANK ROAD
(130 FEET WIDE); THENCE ALONG SAID EASTERLY RIGHT-OF-WAY,
S.05'33'10"E., 190.07 FEET TO THE POINT OF BEGINNING; THENCE,
CONTINUE ALONG SAID EASTERLY RIGHT-OF-WAY, S.05'33'10"E.,
0 210.00 FEET; THENCE S.84'26'S0'W., 130.00 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY OF THE
AFOREMENTIONED GOODLETTE FRANK ROAD (130 FEET WIDE);
THENCE, ALONG SAID WESTERLY RIGHT-OF-WAY, N.05'33'10"W.,
210.00 FEET; THENCE N.84'26'50"E., 130.00 FEET TO AN
INTERSECTION WITH THE AFOREMENTIONED EASTERLY RIGHT-OF-WAY
OF GOODLETTE FRANK ROAD (130 FEET WIDE) AND THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 0.63 ACRES OR 27,300 SQUARE FEET,
E MORE OR LESS.
V
0
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O
0
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O
O
M
N
O
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EXHIBIT
THIS IS NOT A SURVEY. o AQ
o **NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2.
O
SKETCH AND DESCRIPTION
I -
FORTJOHNSON ENGINEERING, INC. GOODLETTE FRANK RD I PEUCAN MARSH BLVD-ROAD EASEMENT
2122 o. BOX 1 STREETSECTION 34,TOWNSHIP 48 SOUTH,RANGE 25 EAST
P.O. BOX 1550 MYERS, FLORIDA 33902-1550 COLLIER COUNTY,FLORIDA
ENGINEERING PHONE: (239) 334-0046 DATE PROJECT NO. FILE NO. SCALE SHEET
E.B. #642 do L.B. #642
02/17/23 20023551-001 34-48-25 N/A 2 OF 2 GPI
I ' / 27 26
N89'31'31'W 772.91'
N84°26'50"E 505'33'10 E • (BASIS of BEARINGS) 34 35
120.07' PARCEL No. N. LINE OF SEC77ON 34 P.O.C.
PARCEL No.66679351250 130.00 1 66679508029
113
I PELICAN MARSH NORTHEAST CORNER OF SECTION 34,
BAY COLONY ,PGF CLUB INC GOLF CLUB INC TOWNSHIP 48 SOUTH, RANGE 25 EAST
(ORB 2758, 2381) 1 I P.D.B. "TRACT 1" COWER COUNTY" FLORIDA PER THE PLAT
I I • P-_'_^`' MARSH". OF PELICAN MARSH GOLF COURSE PHASE ONE,
PARCEL NO.66679203751 I.��20'UTILITY EASEMENT U1+':; TWENTY SIX • PLAT BOOK 23, PAGES 40 THROUGH 47,
PELICAN MARSH COD I I (ORB 1993, PG 1634) PB 4':.`PG 42) PUBLIC RECORDS OF COWER COUNTY, FLORIDA
(ORB 2414,PG 3478) _ _ II —
— -.J �--R
�`'fRACT B.&CUE I I I PELICAN _MARSH BLVD\ R\
''PELICAN MARSH BLVD i1�10'UE(P) (100' RIGHT-OF-WAY) •
(100' RIGHT-OF-WAY) I IF R\ _
•
I I II II PARCEL No. 66679450054 N
PELICAN MARSH CDD
O I (ORB 2414, PG 3478) A
55' EASEMENT I I "TRACT A" & CUE
ffff���l
(�79oz Ix 2221 I :. : C) I 1 Ty�..............................................P_L'::A^ 'c.ARsrt
1 ' d "6 UN SiX
i j Crr]�I I Gtio.p (PB 24 Ps SC, 0
20'GOLFCART PATH 1 0 T p 1] CA 1 (0''> I
EASEMENT(P) I W v yy' ►"] �B '1'is
trJ ol 8°�oAs6.>O ? m1 /4)c` AF.fil0
o1' � 1 F S
• m I c °el r - ! 910i 0 50 100 200
f o z c0i I O �°r 1 .'' (Di I EJ 9�SS (INTENDED DISPLAYSCALE: 1 I I'=200')
m
e m >73 Z I O ➢ ",i'v MI E'LY RIGHT-OF-WAY 4tic
i" A Im,9 `� r GOODLEI7E FRANK ROAD
N 0 CA _ -'�Cr VI 1
o --m- ��_ 0 20 LEd'
— _
N .'a 0rn — L
N3> A-+ N
, n 7... n J r W
I /�i I 15'UE(P)
m'- en I 20'UTILI1Y EASEMENT
ai,- ...i r /1• I F7 (ORB 1993, PG 1634)
-• -�! 1 I .13O' II
Ai 1
I \\I -DESCRIBED PARCEL OF LAND
•
CONTAINS 3.01 AC✓131,282 SQ.FT.,±
° 1 -
WGOODLL/ILLY RANKF-WAY ROADI �//,
1 • I
•
• 10"IE(P)
E • I1\\ •
I • PELICAN MARSH
N \\ • I GOLF COURSE,
•
•
/ .. PHASE ONE
S84°26'S0"W (P9 2.3, PG 40)
S130.00' PARCEL No. 66679301006
/ II 1 ' PELICAN
(ORB 2622,GOLF
PG 93)B INC
U / I
/ / I
o / /
Z
c
NOTES: THIS IS NOT A SURVEY.
1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE
o USED AS ONE. I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
I 2. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE NORTH LINE AND BELIEF, THAT THE LEGAL DESCRIPTION AND
OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
8 COUNTY, FLORIDA, WHEREIN SAID NORTH LINE BEARS N.89'31'31"W. WITH THE APPLICABLE PROVISIONS OF CHAPTER
' 3. PARCEL CONTAINS 1 31,282 SQUARE FEET OR 3.01 ACRES, MORE 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
H OR LESS. TO CHAPTER 472, FLORIDA STATUTES.
4. P.O.C. = POINT OF COMMENCEMENT
2 5. P.O.B. = POINT OF BEGINNING
6. ORB = OFFICIAL RECORDS BOOK EXH3IBIT
ri,„ 7. PB/(P) = PLAT BOOK/PLAT MARK D. HAINES (FOR THE FIRM L.B. 642)
8. PG = PAGE PROFESSIONAL SURVEYOR AND MAPPER
i 9. IE = IRRIGATION EASEMENT FLORIDA CERTIFICATE NO. 5312
O 1O. CUE = COUNTY UTILITY EASEMENT
o
I 11. LE = LANDSCAPE 12. UE = UTILITY EASEMENT EASEMENT 2 DATE SIGNED: —__
0 13. R/W = RIGHT-OF-WAY NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
N 14. SQ. FT./AC. = SQUARE FEET/ACRES RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
0 15. NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2. AND MAPPER.
0
- SKETCH AND DESCRIPTION
JOHNSON ENGINEERING" INC. GOODLETTE FRANK RIW-RELEASE PARCEL
i JOHN `
2122 P.O. BOX 1 STREET
O. BOX SECTION 34,TOWNSHIP 48 SOUTH,RANGE 25 EAST
FORT MYERS, FLORIDA 33 33902-1550 COLLIER COUNTY,FLORIDA
PHONE: (239) 334-0046 ENGINEERING E.B. #642 & L.B. #642 DATE PROJECT NO. FILE NO. SCALE SHEET
02/17/23 20023551-001 34-48-25 1"=200' 1 OF 2
CAO
LEGAL DESCRIPTION
PELICAN MARSH CDD
GOODLETTE FRANK ROAD RIGHT-OF-WAY
RELEASE PARCEL
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A PARCEL OF LAND BEING A PORTION OF THE RIGHT-OF-WAY OF
GOODLETTE FRANK ROAD (130 FEET WIDE), ACCORDING TO THE
PLAT OF FRANK BOULEVARD AS RECORDED IN PLAT BOOK 13, AT
PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 34
ACCORDING TO THE PLAT OF PELICAN MARSH GOLF COURSE PHASE
ONE AS RECORDED IN PLAT BOOK 23, AT PAGES 40 THROUGH 47
OF THE AFOREMENTIONED PUBLIC RECORDS; THENCE, ALONG THE
NORTH LINE OF SAID SECTION 34, N.89'31'31"W., 772.91 FEET TO
AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF THE
AFOREMENTIONED GOODLETTE FRANK ROAD (130 FEET WIDE);
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY, S.05'33'1 O"E.,
120.07 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUE
N ALONG SAID EASTERLY RIGHT-OF-WAY, S.05'33'10"E., 1,009.86
FEET; THENCE S.84'26'50"W., 130.00 FEET TO AN INTERSECTION
N WITH THE WESTERLY RIGHT-OF-WAY OF THE AFOREMENTIONED
a
GOODLETTE FRANK ROAD (130 FEET WIDE); THENCE, ALONG SAID
WESTERLY RIGHT-OF-WAY, N.05'33'10"W., 1,009.86 FEET; THENCE
N.84'26'S0"E., 130.00 FEET TO AN INTERSECTION WITH THE
AFOREMENTIONED EASTERLY RIGHT-OF-WAY OF GOODLETTE FRANK
ROAD (130 FEET WIDE) AND THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 3.01 ACRES OR 131,282 SQUARE FEET,
MORE OR LESS.
E
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in
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EXHIBIT
•AGE a=2
THIS IS NOT A SURVEY.
S **NOT VALID WITHOUT SHEETS 1 THROUGH 2 OF 2.
JOHNSON ENGINEERING INC. GOOSKETCH AND DESCRIPTION
L
JOHNSON 212P.0 80XON550 EETSECTIIOND34 OWLETTE NSHP NK 4 SOUTH RANGE 25-RELEASE EEAST
FORT MYERS, FLORIDA 33902-1550 COLLIER COUNTY,FLORIDA
33 -004
ENGINEERING E..B.N#6423& L.B4#642 DATE PROJECT NO. FILE NO. SCALE SHEET
02/17/23 20023551-001 34-48-25 N/A 2 OF 2 CA0
EXHIBIT
7/13/2023
The area of Pelican Marsh Blvd underneath the Goodlette Bridge currently has the following
plants in the landcape that the Pelican Marsh CDD maintains:
Arboricola
Blue Plumbago
Saw Palmetto
Dwarf Fakahatchee Grass
Primrose
Seagrape
These landscape areas are irrigated with ReClaim Irrigation Quality Water off of the Pelican
Marsh CDD's irrigation system.
( P.'�
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EXHIBIT "D"
RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICATIONS
These specifications are intended to provide the information by which private entities may understand the minimum
requirements of Collier County relative to maintaining County rights of ways. Records of all specification requirements
shall be kept and made available to the County's representative upon request.
A. MOWING AND EDGING: Mowing and edging shall include medians as well as those areas,if existing,along
the outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower
equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary,the bagged
clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half
inches(3 '/2"). The frequency of cutting will be weekly or 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 (1') of clearance from the edge of the pathway. IT is recommended that adjacent shrubs and
groundcovers be maintained so that they angle or are rounded away from the pathway.
D. TRASH REMOVAL: With each service, all sites shall be cleaned by removing all trash or debris to include,
but not limited to;paper,bottles,cans,other trash,and horticultural debris. All debris or trash pick-ups shall be
performed"prior"to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or
disposal site.
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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 OF/IFAS 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 1.5 lbs.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.
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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J. 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.
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:
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.
7. Notification to the County's representative is required when acts of vandalism or accidents have occurred
to the irrigation system. Photos shall be taken and provided to the County's representative at no added
cost.
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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 fmding 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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