Backup Documents 10/24/2023 Item #16B 5 16B 5
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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 ffice no later
than Monday preceding the Board meeting. ,1
**NEW** ROUTING SLIP q
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alread mpl e
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County omey Office.
Route to Addressee(s)(List in routing order) Office Initials Date
2.
3 County Attorney Office County Attorney Office 00e 11 11 ) 23
4. BCC Office Board of County
Commissioners PL 1 y42))f
5. Minutes and Records Clerk of Court's Office B•6-tCUM•
q'tq
PRIMARY CONTACT INFORMATIO
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 Katherine Chachere/GMD-Road Phone Number 239-252-5824
Contact/ Department Maintenance
Agenda Date Item was 10/24/2023 Agenda Item Number 16B_5
Approved by the BCC
Type of Document Landscape Maintenance Agreement Number of Original 1
Attached Documents Attached
PO number or account 112-163644-649030-31112.05
number if document is
to be recorded
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? KC
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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 KC
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 N/A
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 KC
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 KC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip KC
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 10/24/23 and all changes made during n N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. r 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 OOP an 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
16B 5
LANDSCAPE MAINTENANCE AGREEMENT
This Landscape Maintenance Agreement is entered into this 2.0day of October 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 Isles of Collier Preserve Property Owners Association, Inc., whose mailing address is 5570
Tobago Blvd.,Naples, FL 34113 (hereinafter referred to as the "Association").
RECITALS:
WHEREAS, County is the owner of that certain right-of-way located in Collier County,
Florida and known as Bayshore Drive (hereinafter referred to as "Road"); and
WHEREAS, Section I. Planning and Development, of the handbook titled"Collier County
Landscape and Irrigation Specifications for Beautification Improvements Within the Public Right-
of-Way, Collier County, Florida" (2009), provides as follows:
Entities desiring to make landscape improvements within public road right-of-way
shall submit plans and documentation consistent with the requirements for a public
right-of-way permit. This submission shall be in accordance with the "Construction
Standards Handbook for Work within the Public Right-of-Way, Collier County,
Florida" (the "Construction Handbook").
* * *
Landscaping Permit Within the public rights of way:
Improvements to unimproved medians in the right of way: A private owner,
Developer or civic or homeowners' association desiring to landscape within a
public right-of-way shall submit landscape and irrigation construction documents
prepared by a licensed landscape architect for County review. The Permit
application shall include three (3) sets of detailed plans indicating the existing
right-of-way facilities and the type and location of the proposed plantings, location
of electrical and irrigation systems(s). After acceptance of the landscape and
irrigation plans, a landscape agreement shall be prepared by the contracting
parties and approved by the County attorney's office. (See Appendix for example)
The purpose of the landscape agreement is to ensure that the Permittee, or his
successors or assign, shall be responsible to maintain such material and irrigation
system until removed or unless otherwise specified; and
WHEREAS, in keeping with the above, Minto Sabal 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 for County review. A copy of this Permit and the plans are attached
hereto as Schedule "A." The Association shall follow the Collier County Maintenance
specifications attached as Schedule "B." The association has provided lighting in accordance
INSTR 6473858 OR 6303 PG 2861 Page 1 of 4
RECORDED 11/7/2023 11:01 AM PAGES 19
CLERK OF THE CIRCUIT COURT AND COMPTROLLER C�
COLLIER COUNTY FLORIDA
REC$163.00
1 6 B
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:
1. Subject to the issuance of all necessary Permits, County hereby grants to the
Association the right to use those portions of the Road depicted in Schedule "A," for the sole
purpose set forth in Schedule "A." The Permits address, among other things, the timing of the
work, maintenance of traffic flow during construction, and the permissible lane closures during
the time that work is to be performed.
2. The Association agrees to construct and maintain the improvements set forth in
Schedule "A" (hereinafter referred to as "Improvements") at its sole cost and expense, until such
time as the County executes a release from indemnification as discussed below.
3. Should the Association fail to construct or maintain the Improvements in accordance
with Schedule"A"or law,the County may provide notice to the Association in writing,specifying
the nature of the deficiency. Within five working days following receipt of such notice, the
Association at its sole cost shall cause the appropriate repairs or cure to be effected. In the event
damage to, or failure to maintain the Improvements results in a situation where public safety is at
risk, (1) the Association shall effect repairs within twenty-four hours of receipt of the County's
written notice,or(2)the County may,at its option,effect repairs to the Improvements,without the
need for prior notice to the Association, and will promptly bill the Association for all actual costs
incurred in effecting the repairs. The Association shall reimburse the County for such costs within
thirty days of receipt of the County's bill.
4. The Association, as Indemnitor hereunder, shall indemnify and save harmless the
County,as Indemnitee hereunder,including all employees of the County,from any loss or damages
Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties,
interest,expenses,costs, or judgments, including attorneys' fees and costs of litigation, against the
County arising out of the Association's use of the Road for the purposes set forth in this
Agreement, including the construction and removal of the Improvements. The Indemnitee shall
not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's
obligation hereunder without the prior consent of Indemnitor, such consent to not be unreasonably
withheld.
5. The indemnity provided for by this Agreement will extend from the date of this
Agreement until such time as the parties hereto acknowledge in writing that the Association has
ceased to use the Road for the purposes stated within this Agreement and the Road has been
restored as set forth below, at which time, following receipt of the Association's written request,
the County will execute a release from indemnification in favor of the Association.
6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the
County in connection with this Agreement, within thirty days of the date that County is aware of
such claim.
Page 2 of 4
!f
16B 5
7. Unless terminated as set forth below, this Agreement shall remain in full force and
effect in perpetuity from the date first set forth above and shall be binding upon the parties and all
their successors in interest. The Agreement may be freely terminated as of right by either party,
with or without cause, upon written notice to the other. If the Association exercises this right, or
if the County exercises this right based upon the Association's substantial breach of this
Agreement, then upon written demand by County, the Association, at its sole cost and expense,
shall remove the Improvements and will restore the Road to the condition that existed immediately
prior to the effective date of this Agreement. If the County exercises this right,or if the Association
exercises this right based upon the County's substantial breach of this Agreement,then the County
will be responsible for any removal of the Improvements or restoration of the Road. Except for
the above, neither party will be liable to the other for any damages or claims resulting from the
termination of this Agreement.
8. In the event either party hereto shall institute legal proceedings in connection with,
or for the enforcement of,this Agreement,the prevailing party shall be entitled to recover its costs
of suit, including reasonable attorney's fees, at both trial and appellate levels.
9. This Agreement may be recorded by the County in the Official Records of Collier
County, Florida. The Association shall pay all costs of recording this Agreement prior to the
execution of this Agreement. A copy of the Recorded Agreement will be provided to the
Association.
10. This Agreement is the entire agreement between the parties, and 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.
11. The rights and obligations of this Agreement shall bind and benefit any successors or
assigns of the parties.
12. This Agreement establishes a valid and enforceable covenant running with the land
described as: Tract R-1 as recorded in Isles of Collier Preserve Phase 17 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 34112 (hereinafter "Owner's
Property"). Owner hereby acknowledges that the specified 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 Follow]
Page 3 of 4
1 6 B 5
In Witness Whereof, the parties have caused these presents to be executed on the day and date
first above writtepi.
ATTEST: ,, ;, BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.:KIN.LM;? LERK COLLIER CO LORIDA
By: ! By:
Attest 0a h :, a,F tY Clerk Rick LoCastro, Chairman
f
W.,•,, ASSOCIATION:
WITNESSES: i Isles of Collier Preserve Property Owners
Association, Inc.
q\(\rim\a•
Witness#1 Signaturd /
By: `�� .
���( A(,�., @i . Eit i i f , ichael B. Elgin,President
Witness#1 Pri Name
[Provide Evidence of Signing Authority, e.g.,
Corporate Resolution or Secretary's
Witness#2 i nature Certificate]
Witness#2 Printed Name
Notarial Certificate
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of 0 physical presence
or ❑ online notarization, this 22nd day of August 2023 , by Michael B. Elgin ,
as President for Isles of Collier Preserve Property Owners Association, Inc. ,
who 0 is personally known or 0 has produced as identification.
"D7-:77 ____--_ ----_______
Notary Seal
Marquita King Marquita King
' Notary Public
_ State of Florida
y `�� Comm#HH120648
Appr pp e as toforma formed le ty: r. a Expires 7/20/2025
&It'll
Derek D. Perry e l
Assistant County Attorney
,„ _,R,,_,„0.3,53
Page 4 of 4
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16B 5
SCHEDULE "A"
Cofer County
Growth Management Department
Date Approved: December 13, 2021 Right-of-Way Permit Number: PRROW2021094235301
SDP/AR/PSP Number: N/A Building Permit Number: N/A
Project Name: Fleischman Offsite Traffic Improvements on Bayshore Drive
Install a roundabout(RAB) on Bayshore Drive at Antilles Way
Project Address: East Naples -Bayshore Drive at Antilles Way
Subdivision: Isles of Collier Preserve Lot: Block: Unit: Tract:
Folio No:6183788000561838240000 Section:23 Township:50 Range:25
Type of Construction: ROW Commercial
Detail: Install a roundabout (RAB) on Bayshore Drive at Antilles Way - Isles of Collier Preserve - between phases
16 (to the west) and 17 (to the east)
SOUTH OF WOODSIDE AVE
8665 Bayshore DR
THIS PERMIT IS VALID FOR A PERIOD OF SIX(6) MONTHS FROM THE DATE OF ISSUANCE.
Please refer to Collier County Portal for issuance and expiration dates.
Property Owner: Contractor:
MINTO SABAL BAY LLC Trebilcock Consulting Solutions. P.A
ATTN: LILLIAM COSTELLO VP Norman Trebilcock,AICP, PTOE, PE
4280 Tamiami Trail E SUITE 203/204 2800 Davis Blvd, Suite 200
Telephone Number: Naples, FL 34104
Telephone Number: 239-566-9551
Applicant:
Bailey Martin
2800 Davis Blvd., Suite 200
Naples, FL 34104
Telephone Number: (239)249-9948
1.Work shall be performed in accordance with approved plan, stipulations 4.If the application is made by any person or firm other than the owner of the
specified as part of this permit and in accordance with Collier County Ordinance property involved,a written consent from the property owner shall be required
#09-19 and the"Public Right-of-Way Construction Standards Handbook," prior to processing of the application.
latest edition.
5.Transportation Services Division approval does not exempt the permittee
2.Applicant declares that prior to filing this application he has ascertained the from gaining approval from any State,Federal or Local Agencies having
location of all existing utilities,both aerial and underground. Any changes to jurisdiction over the proposed work.
any utility shall be the responsibility of the Permittee for all cost.
6.This permit is contingent upon Permittee obtaining necessary rights of
3.If right-of-way permit is issued in conjunction with a residential building entry for construction and maintenance where required right-of-way for public
permit,the right-of-way permit expires upon completion of the residential use has not been dedicated and accepted by Collier County.
building.
APPROVED BY: ARH
Condition:All other applicable state or federal permits must be obtained before commencement of the development.
Condition: Upon selection of the contractor,please provide a revised ROW permit application with the permit number and contractor
information directly to the reviewer.
Condition:As Built Drawings are required prior to final inspection for all Commercial ROW permits. The as-built drawings may be submitted
through the CityView Portal Conditions Tab-click"Browse" to upload the documents. You must 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 affected by the work must be marked by
Sunshine One Call,in accordance with State Statute Chapter 556"Underground Facility Damage Prevention and Safety",after proper
notification to them by either calling 811 in Florida or toll free at 1-800-432-4770.Visit www.callsunshine.com for more information.Before
commencing excavation for the work,potholing of all potential conflicts must be performed.
16B 5
Condition: Sunshine 811 Damage Prevention Guide
Chapter 556,F.S.,sets a tolerance zone that extends 24 inches from the outer edge of each side of an underground facility. Locate marks show
the approximate location of an underground facility.To be sure where that facility is located,you must expose it using a method below:
•Hand digging at an angle toward the facility
•Pot holing
•Soft digging
•Vacuum excavation methods
•Other similar procedures
Exposing the facility lets you see the facility size and the clearance you need to maintain during excavation.Digging within the tolerance zone
requires special precaution and using mechanized equipment requires a spotter. Within existing pavement,soft digging will be required after
removal of pavement associated with a permitted open-cut.
Condition: Please provide a copy of the proposed PUE legal description and right of way dedication legal description and exhibit for the Minto
owned portion of the roundabout area to the reviewer for staff review prior to finalizing with Robert Bosch's group.
Condition:The posted speed limit on sheet 5 should read 30 mph.
Condition: Maintenance of Traffic shall be provided to reviewer by contractor prior to the start of construction. Contractor shall provide an
estimate of the number of days for 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 listed at the top of the form a minimum of five
business days prior to the start of construction.
Please call 239-252-3726 to schedule inspections listed below.
830 - 72 Hr Notice of (1st) Proceeding with Work
800 - Right-Of-Way Final Inspections
Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain
requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or
federal law.
SEE GENERAL CONDITIONS OF RIGHT-OF-WAY PERMITS
16B 5
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16g 5
SCHEDULE"B"
RIGHT OF WAY LANDSCAPE MAINTENANCE SPECIFICATIONS
These specifications are intended to provide the information by which private entities may understand the minimum
requirements of Collier County relative to maintaining County rights of ways. Records of all specification requirements
shall be kept and made available to the County's representative upon request.
A. MOWING AND EDGING: Mowing and edging shall include medians as well as those areas,if existing,along
the outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower
equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary,the bagged
clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one half
inches(3 ''A"). 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 UF/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.
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
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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.
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.
J. 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.
K. IRRIGATION SYSTEMS: The irrigation systems shall be checked and repaired as necessary. Each zone shall
be manually turned on at the valve once a week and a thorough inspection conducted to ascertain proper
operations of the system. Quick coupling valves,if existing shall be reviewed weekly and operated quarterly to
insure proper operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles,
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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.
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.
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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.
L. BRICK PAVERS: All median brick paving shall be pressure cleaned twice per year, in April and November,
to remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas,
the Associations shall clean-up debris if present, and or flag off the areas with protective barriers and/or high
visibility hazard tape. Damaged areas must be repaired as quickly as possible.
M. 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.
N. LIGHTING: All Lighting shall be maintained by Florida Power and Light(FPL) consistent with the teens of
the Lease agreement with the Property Owner's Association. A copy of executed agreement is attached and
referenced as Schedule"C".
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SCHEDULE "C"
FPL Account Number:41741-46177
FPL FPL Work Request Number:
LED LIGHTING AGREEMENT
In accordance with the following terms and conditions, Isles of Collier Preserve Property Owners Association,Inc. (hereinafter called the
Customer),requests on this 8th day of August,2023,from FLORIDA POWER&LIGHT COMPANY(hereinafter called FPL), a corporation
organized and existing under the laws of the State of Florida, the following installation or modification of lighting facilities at (general
boundaries)Barbuda Ln#St LTS,located in Naples ,Florida.
(a) Installation and/or removal of FPL-owned facilities described as follows:
Color # #
Fixture Description(1) Watts Lumens Temperature Installed Removed
Cooper Mesa 75 7,456 4000K 7
(1) Catalog of available fixtures and the assigned billing tier for each can be viewed at www.fpl.com/led
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Pole Description # #
Installed Removed
21'Standard Black Fiberglass(15'6"MH) 7
(b) Installation and/or removal of FPL-owned additional lighting facilities where a cost estimate for these facilities will be determined
based on the job scope,and the Additional Lighting Charges factor applied to determine the monthly rate.
(c) Modification to existing facilities other than described above or additional notes (explain fully): FPL to install 7-75W Cooper Mesa
4000K LED fixtures and 7 x standard black fiberglass poles as described above and per the FPL iob sketch. Customer will install
FPL conduit and hand holes.
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That,for and in consideration of the covenants set forth herein,the parties hereto covenant and agree as follows:
FPL AGREES:
1. To install or modify the lighting facilities described and identified above(hereinafter called the Lighting System),furnish to the Customer theelectric
energy necessary for the operation of the Lighting System, and furnish such other services as are specified in this Agreement,all in
accordance with the terms of FPL's currently effective lighting rate schedule on file at the Florida Public Service Commission(FPSC)or any
successive lighting rate schedule approved by the FPSC.
THE CUSTOMERAGREES:
2. To pay a monthly fee for fixtures and poles in accordance to the Lighting tariff,and additional lighting charge in the amount of$33.28
These charges may be adjusted subject to review and approval by the FPSC.
3. To pay Contribution in Aid of Construction(CIAC)in the amount of$0.00 prior to FPL's initiating the requested installation or
modification.
4. To pay the monthly maintenance and energy charges in accordance to the Lighting tariff.These charges may be adjusted subject to reviewand
approval by the FPSC.
5. To purchase from FPL all the electric energy used for the operation of the Lighting System.
6. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effective lighting rate schedule on file at the
FPSC or any successive lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this
agreement.
7. To provide access,suitable construction drawings showing the location of existing and proposed structures,and appropriate plats necessaryfor
planning the design and completing the construction of FPL facilities associated with the Lighting System.
8. To have sole responsibility to ensure lighting, poles, luminaires and fixtures are in compliance with any applicable municipal or county
ordinances governing the size,wattage,lumens or general aesthetics.
9. For new FPL-owned lighting systems,to provide final grading to specifications, perform any clearing if needed, compacting, removal ofstumps
or other obstructions that conflict with construction, identification of all non-FPL underground facilities within or near pole or trenchlocations,
drainage of rights-of-way or good and sufficient easements required by FPL to accommodate the lighting facilities.
10. For FPL-owned fixtures on customer-owned systems:
a. To perform repairs or correct code violations on their existing lighting infrastructure.Notification to FPL is required once site is ready.
b. To repair or replace their electrical infrastructure in order to provide service to the Lighting System for daily operations or in a catastrophic
event.
c. In the event the light is not operating correctly,Customer agrees to check voltage at the service point feeding the lighting circuit prior to
submitting the request for FPL to repair the fixture.
IT IS MUTUALLY AGREED THAT:
11. Modifications to the facilities provided by FPL under this agreement,other than for maintenance,may only be made through the execution of
an additional lighting agreement delineating the modifications to be accomplished. Modification of FPL lighting facilities isdefined as the
following:
a. the addition of lighting facilities:
b. the removal of lighting facilities;and
c. the removal of lighting facilities and the replacement of such facilities with new facilities and/or additional facilities.
Modifications will be subject to the costs identified in FPL's currently effective lighting rate schedule on file at the FPSC, or any
successive schedule approved by the FPSC.
12. FPL will, at the request of the Customer, relocate the lighting facilities covered by this agreement, if provided sufficient rights-of-way or
easements to do so and locations requested are consistent with clear zone right-of-way setback requirements. The Customer shall be
responsible for the payment of all costs associated with any such Customer-requested relocation of FPL lighting facilities. Paymentshall be
made by the Customer in advance of any relocation.
Lighting facilities will only be installed in locations that meet all applicable clear zone right-of-way setback requirements.
13. FPL may, at any time, substitute for any fixture installed hereunder another equivalent fixture which shall be of similar
illuminating capacity and efficiency.
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14. This Agreement shall be for a term of ten (10) years from the date of initiation of service, and, except as provided below, shall extend
thereafter for further successive periods of five (5) years from the expiration of the initial ten (10)year term or from the expiration of any
extension thereof.The date of initiation of service shall be defined as the date the first lights are energized and billing begins,not the date of
this Agreement.This Agreement shall be extended automatically beyond the initial ten(10)year term or any extension thereof, unless either
party shall have given written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail and
shall be given not less than ninety (90)days before the expiration of the initial ten(10)year term, or any extension thereof.
15. In the event lighting facilities covered by this agreement are removed,either at the request of the Customer or through termination orbreach
of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed cost of thefacilities
provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation ratesapproved by
the FPSC)plus removal cost.
16. Should the Customer fail to pay any bills due and rendered pursuant to this agreement or otherwise fail to perform the obligations
contained in this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to supplyelectric
energy or service until the Customer has paid the bills due and rendered or has fully cured such other breach of this Agreement.Any failure
of FPL to exercise its rights hereunder shall not be a waiver of its rights.It is understood,however,that such discontinuance of the supplying
of electric energy or service shall not constitute a breach of this Agreement by FPL, nor shall it relieve the Customer ofthe obligation to perform
any of the terms and conditions of this Agreement.
17. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying with this
Agreement by strikes, lockouts, fires, riots, acts of God, the public enemy, or by cause or causes not under the control of the party thus
prevented from compliance,and FPL shall not have the obligation to furnish service if it is prevented from complying with this Agreementby
reason of any partial, temporary or entire shut-down of service which, in the sole opinion of FPL, is reasonably necessary for the purpose
of repairing or making more efficient all or any part of its generating or other electrical equipment.
18. This Agreement supersedes all previous Agreements or representations,either written,oral, or otherwise between the Customer and FPL,
with respect to the facilities referenced herein and constitutes the entire Agreement between the parties.This Agreement does not create any
rights or provide any remedies to third parties or create any additional duty,obligation or undertakings by FPL to third parties.
19. In the event of the sale of the real property upon which the facilities are installed, upon the written consent of FPL, this Agreement may be
assigned by the Customer to the Purchaser. No assignment shall relieve the Customer from its obligations hereunder until such obligations
have been assumed by the assignee and agreed to by FPL.
20. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Customer and FPL.
21. The lighting facilities shall remain the property of FPL in perpetuity.
22. This Agreement is subject to FPL's Electric Tariff,including,but not limited to,the General Rules and Regulations for Electric Service andthe
Rules of the FPSC, as they are now written, or as they may be hereafter revised, amended or supplemented. In the event of any conflict
between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules,the provisions of the Electric Tariff and
FPSC Rules shall control,as they are now written,or as they may be hereafter revised,amended or supplemented.
IN WITNESS WHEREOF,the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to be
effective as of the day and year first written above.
Charges and Terms Accepted:
Isles of Collier Preserve Property Owners Association,Inc. FLORIDA POWER&LIGHT COMPANY
Customer(Print or e name of Organization)
By:Sig
Signature uthorized Representative) (Signature) Y°.11-4Ai
Michael B. Elgin , 08/14/2023 Jamie Young
(Print or type name) (Print or type name)
Title: President Isles of Collier Preserve POA Title:FPL LED Lighting Specialist
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