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Agenda 10/24/2023 Item #16B5 (Landscape Maintenance Agreement between Collier County and Isles of Collier Preserve Property Oweners Association Inc)10/24/2023 EXECUTIVE SUMMARY Recommendation that the Board approves and authorizes the Chairman to sign a Collier County Landscape Maintenance Agreement (“Agreement”) between Collier County and Isles of Collier Preserve Property Owners Association, Inc., for landscape, irrigation, and concrete paver improvements within the Bayshore Drive public right-of-way. ____________________________________________________________________________ OBJECTIVE: To approve and authorize a Landscape Maintenance Agreement between Collier County and Isles of Collier Preserve Property Owners Association, Inc. permitting the installation and maintenance of landscape, irrigation, and concrete paver within the County right-of-way. CONSIDERATIONS: Isles of Collier Preserve Property Owners Association, Inc., proposed landscape, irrigation, and concrete paver improvements within a proposed traffic circle in the Bayshore Road public right -of-way at the Santo Domingo Drive intersection; see attached “Property Location Map.” According to the attach ed Landscape Maintenance Agreement, Isles of Collier Preserve Property Owners Association, Inc., agrees to maintain the landscape, irrigation, and concrete paver improvements within Bayshore Drive, as depicted in Schedule “A” and following the specifications in Schedule “B.” Rights to terminate the Agreement as defined in the attached Agreement. FISCAL IMPACT: There is no cost to Collier County associated with this proposal. Isles of Collier Preserve Property Owners Association, Inc., is responsible for installing and maintaining the proposed roadway improvements and 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 a majority vote for approval. - DDP RECOMMENDATION: To approve and authorize the Chairman to sign a Collier County Landscape Maintenance Agreement between Collier County and Isles of Collier Preserve Property Owners Association, Inc., for landscape, irrigation, and concrete paver improvements within the Bayshore Drive public right-of-way. Prepared By: Katherine Chachere, RLA, Project Manager II, Road Maintenance Division ATTACHMENT(S) 1. Isles_of_Collier_LMA_CAO (PDF) 2. ISLES OF COLLIER PRESERVE LOCATION MAP (PDF) 16.B.5 Packet Pg. 909 10/24/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.5 Doc ID: 26706 Item Summary: Recommendation that the Board approves and authorizes the Chairman to sign a Collier County Landscape Maintenance Agreement (“Agreement”) between Collier County and Isles of Collier Preserve Property Owners Association, Inc., for landscape, irrigation, and concrete paver improvements within the Bayshore Drive public right-of-way. Meeting Date: 10/24/2023 Prepared by: Title: – Road Maintenance Name: Katherine Chachere 09/19/2023 3:45 PM Submitted by: Title: Transportation Management Services Superintendent – Road Maintenance Name: Marshal Miller 09/19/2023 3:45 PM Approved By: Review: Emergency Management Caroline Blevins Additional Reviewer Completed 09/20/2023 3:57 PM Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 09/22/2023 10:47 AM Road Maintenance Marshal Miller Additional Reviewer Completed 09/22/2023 2:16 PM Transportation Management Operations Support Tara Castillo Additional Reviewer Completed 09/25/2023 3:02 PM Growth Management Community Development Department Pamela Lulich Additional Reviewer Completed 09/26/2023 1:46 PM Transportation Management Services Department Trinity Scott Transportation Completed 10/02/2023 12:15 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/10/2023 4:03 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/11/2023 8:45 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2023 10:42 AM Office of Management and Budget Christopher Johnson Additional Reviewer Completed 10/13/2023 4:46 PM County Manager's Office Ed Finn Level 4 County Manager Review Completed 10/15/2023 8:19 PM Board of County Commissioners Geoffrey Willig Meeting Pending 10/24/2023 9:00 AM 16.B.5 Packet Pg. 910 I,ANDSCAPE MAIN'I'IiNANC]E AGREBMENT This Landscape Maintenancc Agreement is entered into this - day ofOctober 2023, by and between Collier County, Florida, a political subdivision ofthe State ofFlorida whose mailing address is 3299 Tamiami Trail East, Naples, FL 341 12 (hereinafter referred to as thc "Coun1y"), and Isles of Collier Preserve Property Owners Association. Inc., whose mailing address is 5570 'l'obago Btvd., Naples, FL 34113 (hereinafter relerred to as the "Association"). RE,CITALS: WHEREAS, County is the owner of that certain right-of-way located in Collier County, Florida and known as Bayshore Drive (hereinafler refened to as "Road"); and WHEREAS, Section I. Planning and Development, of thc handbook titled "Collier County Landscape and Irrigation Specif'rcations for Beautification Improvements Within the Public Right- of-Way, Collier County, FIorida" (2009), providcs as follows: Entities desiring to make landscape improvemenls within public road right-of-way shall submit plans and documentation consistent with the requirements for a public right-of-\,ay permit. This submission shall be in uccordance wilh the "Conslruction Standards Handbook .for Work within the Public Right-of-lt'ay, Collier County' Florida" (the " Conslruclion I landbook" ). Landscaping Permit Within lhe public rights of way lmDroremenls to unimnroved medians in the ri ,zht of wav A private owner, Developer or civic or homeowners' ussociation desiring lo landscape within a pubtic right-of-tuay shall submit landscape und irrigation construction documents prepared by a licensed landscape archilecl .fitr County review The Permit application shall include three (3) sets of delailed plans indicdting the exisling right<f-wayfacilities and the type and locution ofthe proposed plantings, location of eleclrical and irrigation systems(s). AJier ucceptance of the landscape and irrigation plans, a landscape agreemenl shall be prepared by the conlracting pdrties and approvetl by the L'ounty atlorney's o/Jice. (See Appendix for example) The purpose of the landscape agreemenl i.v to ensure that the Permittee, or his successors or assign, shall be responsihle lo muinlain such material and irrigdtion syslem until removed or unless otherv'ise speci/ied; and WHEREAS, in keeping with the above, Minto Sabat Bay LLC, in coordination with the Association, has applied for a Landscaping Permit Within the Public Rights-of-Way, and has submitted landscape and irrigation construction documents prepared by a licensed landscape architect lor County review. A copy of this Permit and the plans are attached hcrcto as Schedule,'A." The Association shall follow the collier county Maintenance specifications attached as Schedule "B." The association has provided lighting in accordance Page 1 o l'4 qo 16.B.5.a Packet Pg. 911 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) accordance with the approved permit and lighting will be maintained through a lease agreement with Florida Power and Light (FPL) provided for in attached Schedule "C". NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: l. Subject to the issuance of all necessary Permits, County hereby grants to the Association the right to use those portions of the Road depicted in Schedule "A," for the sole purpose set forth in Schedule "A." The Permits address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures during the time that work is to be performed. 2. The Association agrees to constmcl and maintain the improvements set forth in Schedule "A" (hereinafter referred to as "lmprovements") at its sole cost and expense, until such time as the County executes a release from indemnification as discussed below. 3. Should the Association fail to construct or maintain the lmprovements in accordance with Schedule "A" or law, the County may provide notice to the Association in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, the Association at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to, or failure to maintain the lmprovements results in a situation where public safety is at risk, (l) the Association shall effect repairs within twenty-four hours of receipt ofthe County's written notice, or (2) the County may, at its option, effect repairs to the Improvements, without the need for prior notice to the Association, and will promptly bill the Association for all actual costs incurred in effecting the repairs. The Association shall reimburse the County for such costs within thirty days of receipt of the County's bill. 4. The Association, as lndemnitor hereunder, shall indemnifo and save harmless the County, as Indemnitee hereunder, including all employees ofthe County, from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, orjudgments, including attomeys' fees and costs oflitigation, against the County arising out of the Association's use of the Road for the purposes set forth in this Agreement, including the construction and removal of the Improvements. The lndemnitee shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder without the prior consent of lndemnitor, such consent to not be unreasonably withheld. 5. The indemnity provided for by this Agreement will extend from the date of this Agreement until such time as the parties hereto acknowledge in writing that the Association has ceased to use the Road for the purposes stated within this Agreement and the Road has been restored as set forth below, at which time, following receipt of the Association's written request, the County will execute a release from indemnification in favor ofthe Association. 6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the County in connection with this Agreement, within thirty days of the date that County is aware of such claim. 7o Page 2 of4 16.B.5.a Packet Pg. 912 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) 8. ln the event either pany 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 ofsuit, including reasonable attomey's fees, at both trial and appellate levels. 9. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. The Association shall pay all costs of recording this Agreement prior to the execution of this Agreement. A copy of the Recorded Agreement will be provided to the Association. 10. This Agreement is the entire agreement between the parties, and supersedes all previous oral and written representations, agreements, and understandings between the parties. This Agreement shall be governed by the laws of the State of Florida and may not be altered or amended in any way, save by written agreement signed by both parties. I I . The rights and obligations ofthis Agreement shall bind and benefit any successors or assigns ofthe parties. 12. This Agreement establishes a valid and enlbrceable covenant running with the land desoribed as: Tract R-l as recorded in lsles of Collier Preserve Phase l7 as recorded in Plat Book 72 Pages 1-15 of the Public Records of Collier County, Florida, Property Appraiser Parcel No. 52505136249, located at 8665 Bayshore Drive, Naples, Florida 341l2 (hereinalier o'Owner's Property"). Omer hereby acknowledges that the spccified Road and Improvements described in this Agreement benefit, touch, and are adjacent to the Owner's Property. This Agreement shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Owner's Property and every person or entity having any interest therein at any time and from time to time. [Signature Page to FollowJ oPo Page 3 of4 7. Unless terminaled 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 Association exercises this right, or if the County exercises this right based upon the Association's substantial breach of this Agreement, then upon written demand by County, the Association, at its sole cost and expense, shall remove the Improvements and will restore the Road to the condition that existed immediately prior to the effective date of this Agreement. Ifthe County exercises this right, or ifthe Association exercises this right based upon the County's substantia[ breach ofthis Agrcement, then the County will be responsible for any removal ofthe Improvements or restoration of the Road. Except for the above, neither parry will be liable to the other for any damages or claims resulting from the termination of this Agreement. 16.B.5.a Packet Pg. 913 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) ln Witness Whereol the parties have caused these presents to be executed on the day and date first above written. By ATTEST: CRYSTAL K. KINZEL, CLERK BOARD OF COIJNTY COMMISSIONERS COLLIER COI.JNTY, FLORIDA ASSOCIATION: Isles of Collier Preserve Property Owners Association, Inc. By: ichael B. Elgin, President [Provide Evidence ofSigning Authority, e.g., Corporate Resolution or Secretary's Certificatel Deputy Clerk WITNESSES: Witness # [ Signa Witness #l Pri Name Witness #2 aturc uoRMAil ). fRe F)t t-(uL{L- Witness #2 Printed Name STATE OF FLORIDA CO(JNTY OF COLLIER The loregoing instrument was acknowledged before me by means of B physical presence or E online notarization, this 22nd day of Ausust 2023 by Michael B. Elgin AS President fbr lsles of Collier Preserve Property Owners Association, lnc who E is personally known or E has produced as identification. 1a Notary Seal Marq uita King Mrqunr l(hg Notary Publlc Stete of Florlda Comml HH120648 Erot.sTl:0l2025Approved as to form and legaliry:J Derek D. Perry Assistant County Attomey pt +<n-oo3 ts]\"\s \ Page 4 of4 R-'- Rick LoCastro, Chairman Notarial Certificate 16.B.5.a Packet Pg. 914 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) c,frt", C,o,n",r't --\a.r^r--iGr[,\ ffi Management Depertment Date Approved: December 13, 2021 Rightof-Way permat Number: PRROW2021094235301 SDP/ARyPSP Number: N/A Building Permit Number: N/A Project Name: Fleischman Offsite Traffic lmprovements on Bayshore Drive lnstall a roundabout (RAB) on Bayshore Drive at Antilles Way Project Address: East Naples - Bayshore Drive at Antilles Way Subdivision: lsles of Collier Preserve Lot: Blocki Unilr Tract: Folio No:6183788000561838240000 Sectioni 23 Township:50 Range:25 Type of Construction: ROW Commercial Detail: Install a roundabout (RAB) on Bayshore Drive at Antilles Way - lsles of Collier Preserve - between phases 16 (to the west) and 17 (to the east) SOUTH OF WOODSIDE AVE 8665 Bayshore DR THIS PERMIT IS VALIO 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: MINTO SABAL BAY LLC ATTN: LILLIAM COSTELLO VP 4280 TamiamiTrail E SUITE 203/204 Telephone Number: Contractor: Trebilcock Consulting Solutions. P.A Norman Trebilcock, AICP, PTOE, PE 2800 Davls Blvd, Suite 200 Naples, FL 34104 Telephone Number: 239-566-9551 Tele hone Number:239 249,9948 APPROVED BY: ARH Condition: All other applicable state or f€d6ral permits must be obtained before commencem€nt of the d6vslopment. Condition: Upon selection of the contractor, please provide a revised ROW permit application vrith the permit number and contractor information directly to the reviewer. Condition: As Built Drawings are required prior to final inspection forall Commercial ROWpermits. The as-built drawings may be submitted through the CityMew Portal Conditions Tab - click " Browse' to u pload the docu ments. You mu st be signed into the Cityview Portal as a registered user to upload the document. Condition: Before commencement of any excavation, the existing underground utilities in the area aftected by the work must be marked by Sunshine One Call, in accordance with State Statute Chapter 556 "Underground Facility oamage Prevention and Safety", after proper notification to them by either calling 8'1'l in Florida or toll free at 1t00432-4770. Visit www,callsunshine.com for more information. Before commencing excavation for the work, potholing of all potential conflicts must be performed. ov:) 1 . Work shall be performed in accordance with approved plan, slipulations specilied as part olthis permit and in accordanc€ rlith Collier County Ordinanc€ # 09 19 and the "Public Righlof-Way Conslruction Slandards Handbook," latest edition. 14. llthe application is made by arry person or lirm other lhan the owner olthe property involved. a lwrtlen consent from the properly owner shall be required prior lo processinq of lhe application. 2. Applicanl declares that prior to filing this applicalion he has ascertained the locition of all existang utilities. both aerial and underground. Any changes to any utilrty shall be the responsibility of the Pemi(ee for all cosl. 3. lf righlof-way permit is issued in conjunction with a residential building permit, the dghtof-way permit expkes upon completion ofthe residential buildinq. 5. Transportation Services Division approval does not exempl the permittee fom garning approvalfrom any Stale. Federalor Local Agences havrng iurisdiction over the proposed work. 6 Ihrs permrl rs contingenl upon Permrtlee obtaining necessary nghls of entry for conslructron and maintenance where requrred right-of-way lor public use has nol been dedicaled and accepted by Collier County SCHEDUI-E "A" Applicant: Bailey lVartin 2800 Davis Blvd., Suite 200 Naples. FL 34104 16.B.5.a Packet Pg. 915 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) Condition: Sunshine 81'l Damage Prevention Guide Chapter 556, F.S., sets a tolerance zone that extends 24 inches from the outer edge ol each side of an underground lacility. Locale marks show the approximate location o, 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 procedurss Exposing thefacility lets you see the facility size and the clearanc€ you n6ed to maintain during excavation. oigging within the tolerance zone requires special precaution and using mechanized equipment requires a spotter. Vvithin existing pavement, soft digging will be required after removal of pavement associated with a permitted openrut. Condition: Please provide a copy of the proposed PUE legal description and right of uray dedication legal description and exhibit for the Minto owned portion o, the roundabout area to the reviewer tor staff review prior to linalizing with Robert Bosch's group. Condition: 'lhe posted speed limit on sheet 5 should read 30 mph. Condition: Mainten ance of Traffic shall be provided to reviewer by contractor prior to ths start of construction. Contractor shall providoan estimale ol the number of days lor lane closure during construction as daily lane closure fees will apply per Resolution 2017-109. Condition: The Road Alert Form shall be completed and returned to the email addresses list€d at the top of the form a minimum of five business days prior to lhe start of construction. Please call 239-252-3726 to schedule inspections listed below. 830 - 72 Hr Notice of (1stl Proceeding with Work 800 - Right-Of-Way Final lnspections Disclaimer: lssuance of a development permit by a county doe6 not in any way create any rights on the part of the applicant to obtain a permit lrom a state or federal agency and does not create any liability on the parl ofthe 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 und€rtakes actions that resull in a violation of state or tederal law. SEE GENERAL CONDITIONS OF RIGHT-OF-WAY PERMITS o,-.) 16.B.5.a Packet Pg. 916 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) PROJECTLOCATION MAP PROJECT LOCATION ISLES OF COLLIER PRESERVE q 'J l! E f r&I !f i' o I I 16.B.5.a Packet Pg. 917 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) I l!r E!i r t.' E I t 8 i I t fl I3 i' t 0 t d I ili tli I I i#lllr '1' ;1' Ff,a s !ri !Ig i!: :i9sq iEili r!!Ei ;9i.1E;:8 " i I I I t I ! i!i i I :i l1 1 I.; = ,E I I I I lo o UJ Iz o g o rG o 6 o z t! d o o -! 3:9 o Iur fi= 1 !i *, ++++++++++ + +++1+++ + + + I + + + + + ut .E = t = E: E;I E E;IIr{l Eal tE d&9, HHEI lEqltll:lOXu lrrElYU,o 9.9 E':;e I Eur2!; s si + + + o )o o o o Io o+l++ ++ + +++ + + + +++ ++++t+ +++ ++ + J + + IgE EE I I z ol =fr6iuUH 6E dz 2 69 9u ing"' ^ ;q 2 0= r,l :3 IJJI E * rfl ed tI 1J I I I I ++++ I .s 16.B.5.a Packet Pg. 918 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) .c\'d \o \ \'5\+\\ s I(E ESu"..5 _.xEo=-6 E3# II I I 1 ! 'r e.. "rNI (!- ic I iIE1E AB.E-= .!€ ^..ai ^_r I c;'.$ a af 5>-I E a E=o Et1 EtD )<,96 ao & ,.1 F .\ I 6 : t ET FIa t ct/* !E 's i gE s Eg = '.:-i {,^ -. a I a € .. I d ;:E*,{. :9+9€ VtS 3NIlH)tVN I I L FE IU -Jkotr5 Fs $t E JEttcta5 €ogc t i L I I I I it s *'rt 09NlN00 lAl 1-t1l INV NAd) It n U a I I ..,| o I ( \ ctso -<l ql 5t ="l+l(.)Iql 16.B.5.a Packet Pg. 919 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) RIGHT O1. WAY LANDSCAPE IlIAINTENANCE SP]:CI }'ICATIO\S Thcse spcciflcations are intended 10 provide the inlinmation by which private entities may undcrstand thc nlinimurn requircrnenls ol'Coliicr County rclative to mailltaifling County rights ofways. Rccords ofall specification rccpriremcnts shall bc kept and nrade available to thc Courty's reprcscntative upon request. l\IOWING AND EDCI\G: Mowing and edging shall includc medians as well as those areas, if existing. along the outside edge of the sidervalks of adjaccDt properties. All turf shall be mowed with mulching tlpc nrower equipment to eliminatc thc need to bag and tlansport grass clippings. Should bagging be necessary, the bagged clippings shall be collecrcd and renoved at no additional cost. Grass shall be cut at a height of thrcc and onc half inches (3 %"). Thc frcqucncy ofcutting will be weekly or fifty-two (52) timcs. Mechanical edging of the tuf shall be done with each mowing along all sidcwalk edges, back of concrete curbs, around all planting beds, utility service boxcs, strcctlight bases, sign posts, headwalls, guardrails. timcr pcdestals, posts, and trees. Mctal blade edging is not permitted along back ofcurbing. Grass rcot runners €xtending into the mulched areas shall be cut and removed when the edging is performed. Edging *'ill also be required in all turfareas arouod isolatcd trccs, sprinkler lreads, valve boxes, shrubs, signposts, manholes, etc. where they exist. All dcbris on streeLs, sidewalks or odrer areas resulting lrom edgirg shall bc rcmoved. No herbicide shall be used fbr cdging. All sidewalks. curbing and/or gutters shall be cleaned aller cach scrvicc. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowcd to be deposited on other adjacent propcrty or accunrulate on right-ol'-way areas. WEEDING: Weeding of plant beds. sidewalks (asphalt. concrete or pavers), guardrail bases, and curb joinLs as wcll as other mulched areas by chemical antl-lor hand renroval will be performed weekly or as ncccssary to provide a weed free aod u ell-mairrtained area GENERAt. Sl'l'E PRUNING; Gcncral sitc pruning shallbe defined as tlte pruning ofany plant's foliage below tenlbot ( l0') foot. AII groundcovers, shrubs, canopy trccs and palms up to ten-foot (10') level. shall bc inspccted ard pruned on a weekly or an as needed basis, so to maintain the proper or requircd hcights for visibility, vehicular movcmcnt purposes and desired shape or form as detemined by County's representative. Pruning shall also include removal ofwater sprouts, suckcrs and any dead or diseased foliage or branchcs. During the lirst rvcck of October and April, omamental grasscs, such as Fountain grass, Florida Camna or l"akahatchee grass shall be pruned in a pyrauid shapc to a twelve-inch ( 12") or twenty-fou (24") hcight based upon the type ofplanl. Ornamcntal typc grasses such as Liriope muscari 'Lvcrgrccu Giant', shall only be pruned at the direction and approval ofthc County's representative. Plant material ryith a canopy over pedestrian sidewalks shall be maintained at a minimum height of one hundred twenty inches ( I 20"). Shrubs and groundcovers adjacent to pathways or sidcwalks shall be pruned to maintain onc foot ( I ') of clearance fronr the edge of thc pathway. IT is recommended that adjacent shrubs and groundcovers be maintailed so that they angle or are rounded away from the pathway. TRASII REMOVAL: With cach scrvicc, all sites shall be cleaned by rernoving all trash or dehris to include, but not limited to; paper', bottles, cans, othel (ash, and horticultural dcbris. All debris or trash pick-ups shall bc perlbmred "prior" to mowing in all turf areas. Thc disposalofall trash and deb s must be at a propcr landfillor disposal site. TI I of (r CAO C. SCIIEDULE *8" D, 16.B.5.a Packet Pg. 920 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) l-..STREET CLEANINC/SWliltl'lNC: Stleer Cleaning: A four foot (4') wide area measured fiom the face ofthe curb and !!ut(crs including tLrm lancs shall bc clcancd with cach sitc scrvicc 10 rcrnovc any accumulation ofdcbris oI objcctionablc growth so to rrlaintaiI a ncat and safc conditjon. TRAFf'lC CONTROL; Thc Association shall comply wilh the rcquirements ol-Clollier County Maintcnance o1' Traffic (MOT) Policy, copies of which are available through Risk Managcnlent or the Purchasing Department. Thc Association sllall obtain and rcvicw thc Clounty MOT policy rcquircnrcnts prior to submitring a bid. To assist in employee visibility, enrployees servicing the area shall wear high visibility safety apparel in cornpliancc with thc most current cditions of thc FDOT Dcsign Standards and thc Collicr County Maintenance of Traffic (MOT) policy. CA:{OPY TREE AND PALM PRUNING: For this site, canopy trees shall be defined as any large shrub. tree. or palm with loliagc abovc a tcn-loot ( l0') lcvcl. All canopy trccs and palms shall bc pruncd on a continuous ba^sis to crcatc and maintain a seventeen-foot ( l7') canopy clcarancc over the roadways and a ten-foot ( l0') canopy clearance over all pathways. Canopy trees shall be selectively pruned twice per year in April and September so to thin the interior canopy ofcross branching and to shape the canopy ofthc kees. The County's representativc shall approvc a prot'cssional licenscd to pnmc tress under the direction of a I-icensed [-andscape Archirecl, Arborist, Tree Surgeon, or other approved professional shall do the pruning and sharpening. The work shall be perlbrmed per ANSI AS300 "Standard Practices f'or Trees, Shrubs, and othcr Woody Plant Maintcnancc" and donc in a prol'cssional manncr in accordancc \vith "Pruning Standards" of the national Arborist Association or accepted local trade standards and praclices. Pahns shall be pruned annually during June ofeach year. l'hepalms shall be pruned to a "Tropical Cut"ortoa nine (9) o'clock- three (3) o'clock angle from the horizontal at the base of the palm's bud or lou,est fronds. Approximately ssvcn (7) to (10) tcn grccn fronds shallbc Icfl at thc bcad aftcrpruning. Thc pruning shall includc removal ofall nuts, sccd stalks, brown or dcad and lowcr f'ronds. The work shall be done in a professiolal manner in accordance with acceplable trade standards and practices. Thc palms shall not be clinrbcd rvith tree spikes to removc the fronds. The pruning shall be accomplished by the use ofa ladder, boom truck or lift. All debris from the pruning shall be removed and the site shall be left on a clean and neat manncr. \V}en the annual or bi-annual heavy pruriug wolk is being perfornred with the use of a lift or boom truck. it is required that thc adjaccnt tralJlc or (um lanc to thc work arca, bc closcd using traffic control dcviccs and signagc per the current FDOT rraffic conuol staudards and irdexes. FERTILIZATION: The application of fertilizers shall follow Ordinance No. 2019-18. No Applicatot shall apply fenilizers containing nitrogen andlbr phosphorus to turf and/or landscape plants during the Prohibited Applicalion Period, or to sa(uratcd soils. Follow UF/IFAS guidclines lbr turfgrass ltrtilization. Contractor/subcontractor nrust have valid licenses issued by Florida Departrnent of Agriculrure and Consurner Services for Linrited Urban Comnrercial rertilizer Applicator Certification (lrDACS LUITAC). Provide fertilizalion serviccs lbur (4) tilr'Ics a ycar in March, Junc, Saptcmbcr, and Dcccmbcr. Only uicc (2) a year if using six (6) month application rate. Nitrogcn content in any lertilizer must be at a nrininrunr of 50% slow release. Contractor shall ensure that fertilization scheduling does not exceed the ferlilizer label rate prescribed and complies with statc and local ordinanccs. It is inrportallt to notc that ]ocal fcrtilizer regulations may prohibit the use offlitrogen t'efiilizers dudng thc sumner months, Applicd at a ratc of 1.5 lbs. pcr 100 square f'cet. Broadcasted througlrout the planting beds and turfareas. All tree pit are&s should be fenilized evenly. No lertilizer ring around trccs undcr any circun]stanccs, lf a ring is fbrmcd, contlactor/subconractor is rcquiled to rctum to the site and spread the feltilizer correcring the situation at their expense. This may include I (; ll qo2 ol6 Thc Association will bc lcsponsiblc lbr obtaining copics ol all rcquircd manuals, MUTCD. FDOT Roadway & Traffic Design Standard Indexes, o[ other related documents, so to treconre farniliar with the requirernents. Strict adherence to the requiremc[ts ofthc MOT policy will be enlbrced undcr this Contract. 16.B.5.a Packet Pg. 921 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) J contractor/subcontractor purchasing additional fertilizer because applied fertilizer may not bc able to spread Imlnediately removc fenilizcrs from curbs and sidcwalk areas to avoid staining. Fenilization Aoplications Conffactor/subcontractol shall us€ deflector shields on atl application equipment to minimizc thc inadvcftent application of fertilizer in non-plant areas, Contractor shall blow, swccp, or wasll back into the landscape any fertilizcr depositcd on pavcd or impcn ious surfaccs. Use "Ring of Respon sib ility" around or along the shoreline ofcanals, lakcs, ot waterways. Ensure fenilizers and other lawn chemicals do not come into direct contact with the water. Apply fertilizer only when plants are actively growing. Clcan up spillcd lcrtilizer rnaterials immediately as per University of t;lorida IFAS rcconrmcndations. Store nitrate-based fertilizers separately from solvents. fucls, and pcsticidcs, bccausc niaate fertilizers are oridants and can accclcratc a tirc. Aflcr fcrtilizing (other than when watering restrictions apply), irrigate with at least a quarter irch ( I /,1") of rvater following fertilization to avoid the loss of nitrogen and increa-sc uptake efficiency. lfwater restrictions apply. (he contractor may irigatc as pcrmittcd but no more than one-half inch ( I /2") following fenilization. Do not exceed the annual nitrogen reconrtr]endations in lhe Iiertilizer Cuidelines lbr Establishqd TurlErass Lawns in Three Regions ofFlorida as provided on thc labcl. Bcd. Trcc. Shrub. Pahn. Florver. Groundcover F€rtilization Broadcast fertilizer unifooDly over all the landscapcd areas, and considcr root location, fertilization objectives, and plant species when applying fcrtilizcr. In aroas whcrc rree or shnrb fertilization zones overlap with lawn tertilizarion zones, the conh actor shall fetilize one or the other of fie plant types, but not both. Palm Fcrtilization Palms have different nutritiotral rcquircmcnts liom oth€r landscape plants. They sufltr quickly and conspicuously from inadequate mineral nutrition, rvhether due to insufficient or incorr€ct fenilization. Division's Landscape Supervisor will providc thc fcrtilization schedule. Note: Fertilize palms with a granular slow-rclcasc tartilizd threc to lbur times per year. An acceptable fomulation is 8-0-12-4 (N, P, K, Mg plus micro-elements), 50% Slow Release. Turf Feltilization 'lreat delciencies ol spccific nuhicnts u'ith applications ofthe lacking nutrient in accordance with Univcmity of Florida IFAS recorrlmendations until deficiencies are co[ected, or as dtected liour Division Landscape Supewisor. Must have prior approva[. Adjust lcfiilizcr rat€s according to health, maturity, and desired growth pattcrns. lrertilization lbr Establishmenr During the establishment phase for shrubs, rees, and ground covers, fertilize landscape plants with a slow-release fenilizer as per University ofFlorida IFAS rccommendations. Shrubs and groundcovers shall have the fertilizer blown or l'an rakcd off following the broadcast application. lmmediately after the l'ertilizcr is applicd, thc area^s shall be watered. illULCHlN(i: Organic Mulch r\reas'w.ith no ntulch or new planting areas shall havc mulch placcd to provide fbra four inch (4") ron-conpacted or urEettled depth measurcd liorn thc cxisting soil grade. Tlre area to receive the olulch shall be raked lcvcl to establish the profjer finished grade and have all weeds renrovcd prior to the placcnrcIt ofthe rrlulch. Tu,o inches must bc applicd to rcplcnish this mulc]r twice a year, Noverrrber and during May. LANE CLOSIIRI,: Lane closure for median nraintcnancc shall comply witlr the most current editions of the FDO'l l)esigr) Standards and the Collicr Chunty Maintcnance of Tral-fic (MO'l) policy. IRRICATION SYSTEMS: The irigation systcms shall be checked and repaired as necessary. IJach zone shall be manually tumcd on at the l'alve once a week and a thorough inspection conductcd to asccnain proper operations of thc system. Quick coupling valves. ifexisting shall be reviewed rvcckly and opcratcd quarterly to insure proper operation. Maintenance responsibilitics will includc clcaning and adustment of heads, lozzles, ov K, 3 of6 16.B.5.a Packet Pg. 922 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) 1 installation or replaccnrerlt ofrisers, repair of nrinor I'VC piping breaks or subsur'lacc piping or resnicted sprinkler lires, replacenrent ofdanraged valve boxes/lids and adjustnrent ofcontroller and rain shut offswitches tbr scttings and operations. Whcrc rcquired, the Association shall maintaio on site reclaimcd rvatcr irrigation signage. SUBST]RFACE IRRIGATION SYSTEMS: No excavation or mechanical mctal cdging around plant beds shall tle done within the Right-of-way. Mcchanical metal blade cdging is pcmritted along the back ofcurbing. Weekly Service Requirenrents: l. A visual inspcction ofthe subsurface iftigation systems shall be perlormcd wcckly to dctcrmine if tl]e systems are functioning normally and ifcuts, leaks, piping damagc, flooded areas exist, and repairas necessary. '[his shall also include rcvicw and re-setting ofthe conhollel and il-ground moisturc sensor adjustmerts or othcr rain scnsing devices as needed. Systcm Computer/Controller a. Opcratc, adjust, and set controller to provide proper operation ofthc systcms. b. Diagnose and repair electrical and mcchanical malfunctions. c. Monitor and adjust the svstenr zones moisture levels based upon moisture scnsor rcadings d. Operate controller or automatic, manual, and single trip opcl?tion. e. Monitor controller standby battery backup and replace as required, Automatic Control Assemblies and Quick Coupling Valves a. Review control valve assembly and by-pass system for proper settings. b. Opcn zonc control valve assemblies and quick coupling valve boxcs to rcview valves for leaks; pressure gauge operation; proper sattings and are clean ofdebris or mulch. 4. Pump Sites a. Inspect for proper operations. b. The Association shall record and provide to the Courty's represeotative the well water flow mctcr readings for the two well locations on the General Maintenance Report Sh€ets. 5- Review system water source connections to includc water meters, backflow preventers, gate valve points of connection and nrain lincs for proper operation. Monthly Service Requircmcnts: l. Automatic Control Valve Assembly Manually opcratc valvcs, and clcan valve assembly filters. Backflow Assernbly Review asscmbly for proper operation and clean filter as needed. Quick Coupling Valves Revicw boxcs and opelat€ valve Pump Sites a. Once a month, thc Association will trouble shoot each pump station, chccking amperage draw and document tlre results for fufure reference. b. Manually run thc systcm to ensure proper coverage and that no sprinklcr hcad and nozzle are spraying onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper covcragc. c. Thc Association will check all z.one wiring and solenoid conditions through the use of an O[{M meter and document the results for future reference. d. The Association will clean the strain€rs filters and inspect them for wear at thc Pump Statioo. 5. Manually run the system with open tlush caps and rcvicw sprinkler head indicators located at lhe end of 7.Ones. .l ,) .l 4of(r A 16.B.5.a Packet Pg. 923 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) 6. Rcvicw pressure gauge readings at control valvc asscnrblies fof each zone. as rvell as gaugcs locatcd at the end ofzones where prcscnt to dctorminc the systcm and porous pipirlg is functioning properly. 7. Check, analyze and adjust llow control devices as required Quartcrly Scrvice Requirements: l. Review all subsurface system piping, valve assemblies, widng, moisture sensors and controllers for ovelall operation and providc adjustments as required to assure proper operation and irrigation applicatioo. Conyentional Pop-up lrrigation Systcms: 2. Rcpair system for aay blown-offh€ads, brokcrr lines or leaks around heads or valves 3. Chcck the controllcr and rain sensing devices lor proper opcration and settings. 4. The Association shall funher adjust all sprinkler heads to ensure that all landscapedareas receive one hundred pcrccnt ( 100%) irrigation coverage. 5. Within all work areas the Association shall leview the plant matedal and turf for dry condirions and if found correct the problem. Monthly Service Requirements: l. Manually run the system, clean and adjust sprinkler heads/nozzles and concrete donuts as necessary to ensur€ proper coverage and that lhcrc arc no sprinkler heads/nozzles spraying dircctly onto the roadway. a. Each median and side right-otway z-one shall be manually tumcd on at the valve to ascertain proper operation of the system. b, Repair systeru lbr any blown-off head, broken lines or leaks around heads or valves. c. Check thc controllers and rain sensors for proper opcration and settings. d. The Association shall further adjust all sprinkler heads to ensure that all landscapcd arcas receive one hundred percent ( l00o/o) irrigation coverage. c. Within all work areas the Association shall review the plant material and hrrf for dry conditions and if f<rund concct the problern. Gencral Seruice Requirements tbr l[igation Systcms: I . Should South F'lorida Watcr Management District or other goveming agcnoy establish water restrictions, the irrigation systenrs shall be inspected, and ail othcr controllers set to tlre mandated hours ofoparation set by the District or Agency. Subsurt''ace systems are exempt fiom water restriclions. 2. Rcplacc defective heads or nozzles, install, or rcplace defective risers and repair minor brcaks or restricted sprinkler lines. 3- Replace darnaged valvc boxcs/lids il'caused by the Maintenance AssociaLion 5. Keep all grass and mulch out of all valve boxes. All valvcboxcsin sod areas are to be kept at sod lcvcl. All valvc boxcs in plant beds are to be kept two inchcs (2") above finished mulch. 6, Onc hundred percent (100%) irrigation covcragc shall be maintained within all inigatcd landscaped areas while this Con[act is in cl]bct. 7. Notification to thc County's r€presentative is required when acts ofvandalism or accidents have occuEed to the irrigation system. Photos shall be mken and provided to the County's representative atno addcd cost. 5ol 6 o'{" Weekly Sen,ice Requircmcnts: l Each rnediau zone shall bc manually tumed on at the valve to ascertain propcr opcration of tlre systenr. 4- Inspcct, clea[, and replacc, ifnccessary, screcn/filters within the sprinklcr hcads. 16.B.5.a Packet Pg. 924 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) L, \1 \ Miscellaneous Irigation Maintenance Responsibilitics: I . Should thc tcmpcraturc be forecast to be below thirty-four (34) degrees, the Association shall be responsiblc tbr tuming the in igation system off to protect plants from possible freeze damagc. 2. lt shall bc thc Associatiorr's responsibility to notify the County's representalive of any irrigation problcms or additional irrigation maintenance needs. 3. Thc irrigation scrvice petsonnel must trouble shoot tirne clocks, i.e., porvcr-in I l0 volt and 24-volt fuscs, 24 volts output r,\,hen necessary. 4. The irrigatioo services personnel musi fouble shoot auy pump start relay, main fuses, and capacitors rvhen necessary. BRJCK PAVERS: All median brick paving shall be pressure cleaned twice per ycar, in April and November, to renrove marks, gum and other di that may bc depositcd on the surface area.s. Upon finding damaged areas, the Associations shall clcan-up dcbris if prcscnt, and or flag off the areas with protective barriers and/or high visibility hazald tape. Damaged areas must be repaired as quickly as possible. PEST CONTROI,: Trees, Palms, Shrubs, Groundcovers, and Sod must bc closcly nronitored tbr pests and diseases and must be treated appropriately by a liccnscd Pcst Control Operator approved by the County's r€Presentativc. LIGHTING: All Lighting shall be rnaintained by Florida Power and Light (|PL) consistent with thc tcnns of lhe Lease agreenrent with the Property Owncr's Association. A copy of executed agreement is attached a d referenced as Schedule "C". 6ol 6 ov:) 16.B.5.a Packet Pg. 925 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) @ liPL Account Number: lLlf{!:!q!IZ FPL FPL Work ReqLrest Number:_ LED LIGHTING AGREEMENT lnaccordancewlhthefoiIowinglermSandcondilions,@(hereinaflercalledthe Custorner), requests on this 9!! day of AUSIS,282!, ftom FLORIDA POVVER & LIGHT COI4PANY (hereinaftercalled FPL), a corporalion organrzed and exisling under the la'r/s of lhe Stale of Florida, the following installalion or modificaton of lighting facilities at (general boundaries) qq!UIEIL!IE!!IS, localed in _NEp!L, Florjda (a) lnstallation and/or removal of FPL-oy,med facilities descdbed as follor^6 Fixture Description (i)Watts Lumens Colot Tsmporaturs * lnstalled # Removed Cooper Mesa 75 7 ,456 4000K (1) Catalog of available fxt-rres and the assigned billing tier for each crn be vie!@d atv vw.fol.corMed ()L-o SCHEDULE "C" 7 1 16.B.5.a Packet Pg. 926 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) lnstalled Removed 21'Standard Black Fiberglass ('15'6" MH)7 o2 Pole Description (h) lnstallalion and/or removal of FPl-owned additlonal liqhting faolities where a cost estimate for these facilities will be determined based on he job scope, and the Additional Lighting Charges factor applied to determine the monthly rate (c) Modif catron lo existirE faolities olher than described above or additaonal notes (exdain tuly): _Ee!!qi!g!a!!Z-:Zqry!@pe 49!g 4000K LED fixtures and 7 x standard black fberalass ooles as descdbed above and oer the FPL iob sketch. Customer will install FPI cnnduil and hanrl holes 16.B.5.a Packet Pg. 927 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) To inslall or modiry the lightirE facilities described and identiled above (hereinafrer called the L(lhting System), tumbh lo the Customer lheeledric energy necessary for the operation ol the Lighting Syslem. and fumish such olher seNices as are spedfed in this Agreement,all in accodance wilh the tenrs of FPLS cunently efuclive lighting rate sclledule on fle at the Florida Puuic SeNice Commission (FPSC)or any successive lighting rate schedLde approled by the FPSC. That, for and in consideratbn of lhe covenans set forth herein, the parties hereto covenant and agree as follows FPL AGREES: THE CUSTOI'ERAGREES: To pay a monthly fee forfixtures and poles in acco.dance to the Lighling tariff. and additional lighting charge in lhe amount of $33.28 These charges may be adjusted subiect to review and approval by the FPSC. To pay Contribulion in Aid of Construction (CIAC) in the arnount of $9!9 prior to FPLs initjatirE the requested irEtallation or modifcalion. To pay the monthly rnaintenance and erErgy charges in accordance to lhe Lighting lariff. These charges may be adjusted subject to reMewand approval by the FPSC. To purchase from FPL all the electric energy used forthe operation of the Ughting System. FPL may, at any time, substilute for any fxtu.e anslallei hereunder another equivalent fixtLre lvhich shall be of similar illuminating capacjty and efi cjenry. 2 3 4 5 6 7 8 To be responsible Ior paying, wtren due, all bills rendered by FPL purcuant lo FPL'S currently effective lighting rate schedule on ,lle al the FPSC or any successive lighting rate sclledule approved by the FPSC, for facilities and service provided in accordance wlh this agreemenl. [,lodilicatons \aill be subject to lhe costs identifed in FPUS cunenty efhcti\e lighting rale schedule on fle at the FPSC, or arry successive sclEdule approved by lhe FPSC. To provide access, suitable construction drawings showing the location of existirE and proposed structures, and appropriate plals necessaryfor planningthe design and completing the construclion ofFPL facilities associated wilh the Liglting Syslem. To have sole responsibility to ensure lighling. poles, luminakes and fixlures are in compliance with any applicable municipal or counly ordinances governing the size, wattage. lumens or general aeslhelics. For ne.!^/ FPL-olwEd lighting systems. to provide fnal grading to specifcations, perform any ciearing if needed, compacling, removal ofslumps or other obstruclions that conffict with constructon, identmcation of all non'FPL undergrourd Iacjlities wllhin or near pole or lrenchlocations. drainage of rights-of-way or good and suftcient easenErts required by FPL to accommodale the lighing facjlities. For FPL-o irEd fxfures on customer-owned systems: a. To perform repairs or conect code violatiorE on lheir e,\istang lighting anfaslruclure. Notirlcalion to FPL is requi.ed once site is ready. b. To repair or replace their elecfical infraslructure in order lo provide seNice to the Lighling System for daily operations or in a catastrophic event. c. ln lhe event the light is not operating conectly, Custorner agrees to ctEck voltage at the service point feedang the lighting circuil prior lo submitting the request for FPL to repair thefxture. IT IS MUTUALLY AGREEDTHAT: Modifcations to the facilhies provided by FPL under lhis agreement. other than for maintenance, may only be made through the execution of an additional lighting agreement delineatir! the modifications to be accomplished. Modifcation of FPL lighting facilities isdefned as the Iollowing: a. the addition of lightingfacilities: b. the removal of lighting facilities; and c. the removalol lighling facilities and th€ replacement ofsuch facilities with newfacilities and/or additionalfacilities. l0 11 12 FPL will, at the requesl of the Customer, relocate lhe lighting facilities covered by lhis agreemenl. if provided suftlcient rights-of-way or easernents to do so and locations requested are consistent with clear zone dghlof'way setback requirernents. The CuslonEr shall be responsible for the payment of all cosls associated wilh any such Cuslorner- requested relocation of FPL lighting facilities. Paymenlshall be made by the Customerin advance ol any relocation. Lighting facilities willonly be installed in localions lhat meet allapplic€ble clearzone righl-of-way setback requirements. 3 oY 13. 16.B.5.a Packet Pg. 928 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) 14 15 16 11 18 This Agreement shall be for a lerm of te (10) years from lhe date of iniliation of seNice, and, except as provided below. shall extend thereaffer for turlher successive pedods of five (5) years from lhe expiration of the inilial ten (10) year lerm or kom lhe expiralion of any extensioo thereof. The date of initiation of seNice shall be defined as the date the first lighls are energized and billing begins, not the date of lhis Agreement. This Agreement shall be edended automalically beyond the initialten ('10) year te.m or any extension lhereof, unless either party shall have given written notice to lhe other ol ils desire to terminale this Agreement. The lwtten notice shall be by certifed mail and shall be given nol less lhan ninety (90) days before the expiration ol lhe inilial ten ('10) year term, or any extension thereof ln the event lighting Iacilities covered by lhis agreement are removed, either at the request of lhe Custorner or through termination orbreach of lhis Agrcernent, the Customer shall be responsible for paying lo FPL an arnount equal to the original installed cost of thefacilities provided by FPL urder this agreement less any salvage value and arry deprecjation (b6ed on cunent depreciation ratesapproved by the FPSC) pl(ls removal cost. This Agrggmgnt supelsedes all prevlous Agrc€|nenls or reprcsentalions, either wilten, oral, or ottre rise betvveen the Cuslorner andFPL, with respect to the facilities referenc€d herein and conslitutes the entire Agreement betlleen the parties. This Agreement does not create any righls or provide any rernedies to ihird parties or create any additional duly, obligation or undertakirBs by FPL to lhkd parties. Should the Cuslomer fail to pay any bills due and rende.ed pursuant lo this agreement or otheMise fail to perform the obligations conlained in this Agreement, said obligations being material and going lo lhe essen(E of this Agreement. FPL may cease lo supplyelectric energy or service until lhe Custoryer has paid the bills due and rendered or has tully cured such other breach of this Agreemenl. Any failure of FPL lo exercise its dghts hereunder shall not be a vr'aiver of its rights. lt is understood, however, that suchdiscontinuance of the supplying of eleclric energy or seMce shall not constitute a brcach of this Agreement by FPL, nor shall il relieve lhe CLrstomer ofthe obligalionto perform any of the terms and conditions ofthis Agreemenl. The obligation to tumish or purchase service shall be excused at any time that either party is prevented from compving with this Agreement by strikes, lockouts, lires, riots, acts of God, lhe public enemy, or by cause or causes nol under the control of lhe party thus prevented from compliance, and FPL shall not have the obligaton to fumish setuice if it is prevented from complying with this Agreementby reason ol any padial, temporary or entire shut-dowr of service wtrich, in the sole opinion of FPL, is reasoMby necessary for the purpose of repairing or making more effcient allor any part of its generating or other eleclrical equipment. 20. This Agreement shallinure to the benefit of and be binding upon the successors and assigns ofthe Custorner and FPL. 21. The lighting facilities shall remain the property ol FPL in perpetuity 22 This Ag.eement is subject to FPL'S Electric Tarifi including, but nol limited to, the General Rules and Regulations for Electdc Service andthe Rules of the FPSC, as they are now witten, or as they may be hereafier revised, ameMed or supplemented. ln the e\,€nt of any conflict between the terms of this Agreemenl and the provisions ot the FPL Electric Tarifi or the FPSC Rules, the provisions of the Electnc Tariff and FPSC Rules shall control, as they are now witlen, or as they may be hereafler revised, amended or supplerrEnted. lN WITIIESS WHEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly autho.azed representatives Io be eflective as of the day and year frst witten above. Charges and Terms Acc4pted lsles otCollier Preserve Propertv Owners Association. lnc.FLORIDA POWER & LIGHT COMPANY Customer (Print or name ofOrganization) By:Or*,- C/urrr* Signalure (Signature) Michael B. Elgin 08t14t2023 Jamie Youno (Print ortype name) vv ,,." President lsles of Collier Preserve POA Titlc: FPL LED Li0 htino Soecialist -o,O 19. ln the event of the sale ol lhe real property upon which the facilities are inslalled, upon the written consent of FPL, this Agreernent may be assign€d by the Custorner to the Purchaser. No assignrnent shall relieve the Cuslorner from its ou(lations tEreunder until such obligations have been assurned by the assignee and agreed to by FPL. Represertative) (Prinl or lype name) By: 16.B.5.a Packet Pg. 929 Attachment: Isles_of_Collier_LMA_CAO (26706 : Isles of Collier LMA) ISLES OF COLLIER PRESERVE LMA LOCATION MAP 16.B.5.b Packet Pg. 930 Attachment: ISLES OF COLLIER PRESERVE LOCATION MAP (26706 : Isles of Collier LMA)