Agenda 03/12/2024 Item #16B 6 (Marbella Lakes Owners Association - Agreement)03/12/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign an amendment to its Landscape
Maintenance Agreement with Marbella Lakes Owners Association, Inc., for additional landscape and
irrigation improvements within Marbella Lakes Dri ve, Whippoorwill Lane, and Livingston Road public
rights-of way.
____________________________________________________________________________
OBJECTIVE: To allow privately maintained beautifying landscaping and irrigation improvements within County
right-of-way.
CONSIDERATIONS: On July 11, 2023, Agenda Item No. 16.B.5, the Board of County Commissioners (“Board”)
approved a Landscape Maintenance Agreement (“Agreement”) with Marbella Lakes Owners Association, Inc.
(“Association”) for landscape and irrigation improvements within the traffic circle within Marbella Lakes Drive.
The Association proposes amending the Agreement to further enhance beautification and expand maintenance
responsibilities (including mowing responsibilities) along Livingston Road, Whippoorwill Lane, and within the
Whippoorwill Lane medians.
The revised plan outlines the expanded areas of maintenance that the Association is willing to assume to enhance
the community’s appearance and to offset the County’s right -of-way mowing costs. However, the brick pavers
installed at each traffic circle as part of the County’s Whippoorwill Lane Extension project are not included in the
amended Agreement.
According to the attached amended Agreement, the Association agrees to maintain the landscapi ng and irrigation
improvements along Livingston Road, Whippoorwill Lane, and within the Whippoorwill Lane medians, as depicted
in Schedule “A” and following the specifications in Schedule “B.” Rights to terminate the Agreement are specified
in the amended Agreement.
The agreement aligns with the Collier County Strategic Plan’s Quality of Place Objective to preserve and enhance
the character of our community and the Infrastructure and Asset Management Objective to optimize the useful life
of all public infrastructure and resources through proper planning and preventative maintenance. Through
responsible governance objectives, active community engagement and participation was encouraged through the
enhancements and maintenance responsibilities proposed in this agreement.
FISCAL IMPACT: There is an annual cost savings of approximately $4,453 associated with this proposal. Collier
County will not be responsible for mowing the medians and south right -of-way along Whippoorwill, and the east
right-of-way on Livingston Road adjacent to Marbella Lakes, approximately 2.9 acres of bimonthly mowing.
Marbella Lakes Owners Association, Inc. is responsible for all recording fees.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Growth Management Plan,
Transportation Element, Objective 1 to maintain the major roadway system at an acceptable Level of Service by
implementing improvements as identified in the Annual Update and Inventory Report (AUIR) or by working
directly with other responsible jurisdictions to implement needed improvements to their facilities.
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 an amendment to its Landscape
Maintenance Agreement with Marbella Lakes Owners Association, Inc., for additional landscape and irrigation
improvements within Marbella Lakes Drive, Whippoorwill Lane, and Livingston Road public rights-of way
Prepared By: Pamela Lulich, PLA, CPM, Landscape Operations Manager
16.B.6
Packet Pg. 607
03/12/2024
ATTACHMENT(S)
1. First Amended LMA (PDF)
16.B.6
Packet Pg. 608
03/12/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.6
Doc ID: 27915
Item Summary: Recommendation to approve and authorize the Chairman to sign an amendment to its Landscape
Maintenance Agreement with Marbella Lakes Owners Association, Inc., for additional landscape and irrigation
improvements within Marbella Lakes Drive, Whippoorwill Lane, and Livingston Road public rights-of way.
Meeting Date: 03/12/2024
Prepared by:
Title: Manager - Landscape Operations –
Name: Pamela Lulich
02/13/2024 6:28 AM
Submitted by:
Title: Transportation Management Services Superintendent – Road Maintenance
Name: Marshal Miller
02/13/2024 6:28 AM
Approved By:
Review:
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 02/13/2024 8:21 AM
Road Maintenance Ellen Sheffey Additional Reviewer Completed 02/14/2024 10:29 AM
Road Maintenance Marshal Miller Additional Reviewer Completed 02/14/2024 3:32 PM
Emergency Management Caroline Blevins Additional Reviewer Completed 02/14/2024 4:59 PM
Transportation Management Operations Support Tara Castillo Additional Reviewer Completed
02/20/2024 11:29 AM
Transportation Management Services Department Trinity Scott Transportation Completed
02/26/2024 9:01 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/29/2024 9:43 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/01/2024 9:25 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/01/2024 9:45 AM
Office of Management and Budget Agnieszka Chudy OMB Reviewer Completed 03/01/2024 10:54 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/05/2024 1:40 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/12/2024 9:00 AM
16.B.6
Packet Pg. 609
FIRST AMENDED LANDSCAPE MAINTENANCE AGREEMENT This First Amended Landscape Maintenance Agreement is entered into this 12th day of March 2024, 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 Marbclla Lakes Owners Association, whose mailing address is 6664 Marbclla Lane, Naples, FL 34105 (hereinafter referred to as the "Association"). RECITALS: WHEREAS, the County and the Association entered into a Landscape Maintenance Agreement on July 11, 2023, recorded in Official Records Book 6268, Page 1806, in the Public Records of Collier County, Florida (the "Original Agreement"); and WHEREAS, County is the owner of that certain right-of-way located in Collier County, Florida and known as Marbella Lakes Drive. Whippoorwill Lane, and Livingston Road (hereinafter referred to as "Road"); and WHEREAS, Section 1. Planning and Development, of the handbook titled "Collier County Landscape and Irrigation Specifications for Beautification Improvements Within the Public Rightof-Way, Collier County, Florida" (2009), provides as follows: Entities desiring to make I ands cape 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
.\ystem until removed or unless otherwise specified; and WHEREAS, in keeping with the above, the Association has applied for a Landscaping Pem1it Within the Public Rights-of-Way, superseding the permit and plans of the Original Agreement, and has submitted landscape and irrigation construction documents prepared by a [23-TRM-00392/1844945/ I] Page I of 4 CAO 16.B.6.a
Packet Pg. 610 Attachment: First Amended LMA (27915 : LMA - Marbella Lakes Owners Association, for landscape and irrigation improvements within Marbella
liccnsed landscape architect lbr County review. A copy ofthis Permit and the plans are attached
herelo as Schedule "A." The Association shall lbllow the Collier County Maintenance
specifications attached as Schedulc "I]"; and
WHERI,AS, the Count-v and the Association wish to amend and otherr.l'ise supersede the
Original Agreement with this First Amended Agreement.
NOW, THEREFORE, in considcration of the covenants contained herein, the parties agrec
to amend and othenvise supersede the Original Agreement as follows:
1. The foregoing recitals are true and correct and arc incorporated herein by rel'erence.
2. Subject to the issuance of all necessary Permits, County hcreby grants to the Association the
right to usc those portions ofthe Road depicted in Schedule "A," for the sole purpose set forth
in Schedule "A." Thc Pcrmits address, among other things, the timing of thc work,
maintenance oftraffic flow during construction, and the permissible lane closures during the
timc that work is to be performed.
4. Should the Association fail to construct or maintain the Improvements in accordance w'ith
Schedule "A" or law, the County may provide notice to the Association in writing, specil)'ing
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 failurc to maintain the Improvements results in a situation w'herc public
safety is at risk, (l) the Association shall effcct repairs within twenty-four hours ofreceipt of
the County's written notice, or (2) the County may, at its option, effcct repairs to the
Improvements, without the need lbr prior notice to thc Association, and will promptly bill the
Association for all actual costs incurred in eft'ecting the rcpairs. 'l'he Association shall
reimburse the County for such costs within thirty days ofreceipt of thc County's bill.
5. Thc Association. as Indemnitor hereunder, shall indemnity and save harmlcss the County, as
Indemnitee hercunder, including all employees of the County, fiom any loss or damages
Indemnitee may suller as a result of claims, suits, demands, damages, losses. fines, penalties,
interest, cxpenses, costs, orjudgments. including attorneys' fees and costs oflitigation. against
the County arising out of thc Association's use of the Road fbr the purposes set fbrth in this
Agreement, including the construction and removal of the Improvements. The Indemnitee
shall not undertake to settlc any lawsuit or threatened lawsuit that could give rise to
Inden.rnitor's obligation hereundcr without the prior consent of Indemnitor, such consent to not
be unreasonably withheld.
6. The indemnity provided tbr by this Agreement will extend liom the date of this Agrcement
until such time as the partics hcreto acknowledge in r.witing that the Association has ceased to
use the Road fbr the purposes statcd within this Agrccment and the Road has been restored as
[23-TRM-00392/ 184494si ll Pagc 2 of4
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3. The Association agrees to construcl 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 relcase from indemnification as discussed below.
16.B.6.a
Packet Pg. 611 Attachment: First Amended LMA (27915 : LMA - Marbella Lakes Owners Association, for landscape and irrigation improvements within Marbella
7. 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.
8. Unless terminated as set forth below, this Agreement shall remain in full force and efl'ect 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 bc freely terminated as of right by either parry,
with or u'ithout cause, upon written notice to the other. Il the Association exercises this right,
or il 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. Ilthe County exercises this right,
or if the Association excrcises this right based upon the County's substantial breach of this
Agreement, then the County will bc responsiblc for any removal of the Improvements or
restoration of the Road. Except for the above, neither party will be liable to the othcr for any
damages or claims resulting fiom the termination of this Agreement.
9. 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 attomey's fees, at both trial and appellate levels.
10. 'l'his Agrccment may be recorded by the County in the Official Records of Collier County,
l'lorida.'lhcAssociationshallpayallcostsofrecordingthisAgreementpriortotheexecution
olthis Agreement. A copy ofthe Rccorded Agreement will be provided to the Association.
I I . This Agreement is the entire agreement between the parties, and supersedes all previous oral
and written representations, agreements and understandings betwecn the parties. This
Agreement shall be govemed by the laws of the State of F-lorida, and may not be altered or
amended in any way, save by written agreement signed by both parties.
12. The rights and obligations of this Agreement shall bind and benetit any successors or assigns
ofthe parties.
t:. 'l his Agrecmcnt cstablishes a valid and enforceable covenant running with the land described
as: Tract M, Mrirbella Lakes, Unit One, according to the Plat therefore, as recorded in Plat
Book 49. Page 91, ofthe Public Records of Collier County, Florida, Property Appraiser Parcel
No. 5661 000404. located at Marbella Lakes Drive and I{ermosa Way, Naples. FL 34105
(hercinafter "Owncr's Propcrqv"). O*ner hereby acknowledges that the specified Road and
Improvements describcd in this Agreemcnt bcnefit, touch, and are adjacent to the Owner's
Property. This Agreement shall constitute covenanls. restrictions, and conditions which shall
run rvith the land and shall be binding upon the Owner's Propcrty and cvery person or entity
having any interest therein at any timc and from timc to timc.
qo
[23-TRM-00392i I 84494511 I Page 3 ol'4
set lbrth 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.
16.B.6.a
Packet Pg. 612 Attachment: First Amended LMA (27915 : LMA - Marbella Lakes Owners Association, for landscape and irrigation improvements within Marbella
ln Witness Whereof, the parties have caused these presents to be executed on the day and date
first above written.
ATTEST:
CRYSTAL K. KINZEL, CLERK
By,
BOARD OF COLTNTY COMMISSIONERS
COLLIER COLINTY, FLORIDA
By,
Deputy Clerk Chris Hatl, Chairman
ASSOCIATION:
Marbella Lakes Owners Association, lnc.
oard
WITNE,SSES:
ft-"rt
Witness #1 Signature
G*;l G-Lr,n i
t
b
Witness #l Printed Name
7Ft I
Witness #2 Signature
F,zep Ke,eqea
[Provide Evidence of Signing Authority,
e.g., Corporate Resolution or Secretary's
Certificatel
Notarial Certificate
ed ed before me by means of tr physical presence or
Witness #2 Printcd Name
STATE OF Florida
COUNTY OF Collier
The foregoing instrument
IS
was acknowl
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4* tu friller
Printed Name
Approved as to fbrm and lcgalitv:
Derek D. Perry
Assistant County Attomey
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16.B.6.a
Packet Pg. 613 Attachment: First Amended LMA (27915 : LMA - Marbella Lakes Owners Association, for landscape and irrigation improvements within Marbella
cff ir C,orl.ttty
Grorvth Managemer[ Departrnent
Date Approved: June 02,2023 Risht-of-way Permit Number: PRROW202303131 0501
SDP/AR/PSP Number: N/A Building Permit Number: N/A
Project Name: lnstallation of landscape and irrigation within the ROW at the roundabout at Marbella Lakes Drive.
Project Address: lntersection of Marbella Lakes Dr. and Hermosa Way, Naples
Subdivision: Marbella Lakes Lot: Block: Unili Tract
Folio No: 56610000046 Seclion:1g Township:4g Range:26
Type of Construction: ROW Commercial
Detail: lnstallation of landscape and irrigation within the ROW at the roundabout at Marbella Lakes Drive
6649 Marbella Lakes 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:
COLLIER COUNTY TRANSPORTATION RIGHT.OF.WAY
CONTACT: GARY WRUCK
6637 MARBELLA LN
NAPLES. FL 34105
Telephone Number: (612) 720-4631
Contractori
Q- GRADY MINOR & ASSOCIATES, P,A.
MICHAEL T, HERRERA, P, E,
38OO VIA DEL REY
BONITA SPRINGS, FL 34134
Telephone Number: (239) 947-1144
Applicantl
Grady Minor - Joanna Taylor
3800 Via Del Rey
Bonita Sprrngs, FL 34134
Tele one Number:947 -1144
APPROVED BY: ARH
Condition: All other applicable state or federal permits must be obtained before commencement of the
development.
Condition: Stipulation - The required inspections shall be scheduled through the Cityview Portal. You
must be signed in as a registered user to schedule an inspection.
Condition: Stipulation - 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
555 "Underground Facility Damage Prevention and Safety", after proper notification to them by either
calling 8'l'f in Florida or toll free at1-8004324770. Visit www.callsunshine.com for more information.
Before commencing excavation for the work, potholing of all potential conflicts must be performed.
1. Work shall be performed in accordance with approved plan, stipulations
specified as parl of this permit and in accordance \4ith Collier County Ordinance
# 0919 and the "Public Right-of-Way Construction Slandards Handbook,"
latest edition.
2. Applicant declares that prior to llling this application he has ascertained the
location of all existing utililies, both aerial and underground. Any changes lo
any utility shall be lhe responsibilily of lhe Permittee for all cosl.
3. It right-of-way permit is issued in conjunction with a residenlial building
permit, the righlof-way permit expires upon completion of the residential
buildinq-
4. lflhe application is made by any person or firm olher lhan lhe owner ofthe
property involved, a written consenl from lhe property owner shall be required
prior lo p.ocessing of the application.
5. Transportaton SeMces Div6ron approval does not exempt lhe permitlee
from gaining approval from any State, Federal or Loc€l Agencies having
Jurisdiction over the proposed work.
6. This permit is contingent upon Permitlee obtaining necessary rights of
enlry for construclion and maintenance where required righlof-way for public
use has not been dedicaled and accepted by Collier County.
SCHE,ITULE NA'
o
16.B.6.a
Packet Pg. 614 Attachment: First Amended LMA (27915 : LMA - Marbella Lakes Owners Association, for landscape and irrigation improvements within Marbella
Condition: Stipulation - 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.
Please call 239-252-3726 to schedule inspections listed below.
Please plan accordingly when scheduling inspections and schedule well in advance of when
needed or permit expiration dates.
830 - 72 Hr Notice of (lst) Proceeding with Work
800 - Rieht-Of-Wav Final lnspections
Disclaimer: lssuance 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 ledoral agency and does not create any liability on the part ol the county for issuance of the permit if the applicant lails to obtain
requisite approvals or fulfill the obligations imposed by a state or lederal agency or undertakes actions that re6ult in a violation of state or
federallaw.
SEE GENERAL CONDITIONS OF RIGHT-OF-WAY PERMITS
o'{c
Condition: CO Hold - As Built Drawings are required prior to final inspection for all Commercial ROW
permits. The as-built drawings may be submifted 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.
16.B.6.a
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Packet Pg. 620 Attachment: First Amended LMA (27915 : LMA - Marbella Lakes Owners Association, for landscape and irrigation improvements within Marbella
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16.B.6.a
Packet Pg. 621 Attachment: First Amended LMA (27915 : LMA - Marbella Lakes Owners Association, for landscape and irrigation improvements within Marbella
RIGHT OF WAY LANI)SCAPI MAINTENANCC SPtrCIFICAl'IONS
'l hese specifications are int{,'nded to provide thc infomation by which private entities may understand the minimunr
rcquirements ofCollier County rclative to maintaining Counly rights ofways. Rccords oIall specification rcquircments
shall be kcpt and made available to the County's representative Lrpon request.
llloWtNG AND EDGING: Mowing and edging shall include medians as well as those areas, if existing. along
the outside edge of the sidewalks ofadjacent 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 ofthree and one half
inches(3 %"). The ficquency ofcutting will be weckly or fifty--two (52)times.
Mechanical edging ofthc turfshall be done with each mowing along all sidewalk cdges, back ofconcrete curbs.
around all planting beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals,
posts, and trecs. Metal blade edging is not permitted along back of curbing. Grass root runn€rs extsnding into
the mulched areas shall be cut and removed when thc edging is perforrned. Edging will also be required in all
turfareas around isolated trees, sprinkler heads, valve boxcs, shrubs, sign posts, manholcs, etc. where they exist.
All debris on streets, sidewalks or other areas rcsulting from edging shall be rcmoved. No herbicide shall bc used
for edging.
All sidewalks, curbing and/or gutters shall be cleancd after each service. All sidewalks shall be blown clcan, but
no clippings or other debris shall be blown or allowed to be depositcd on other adjacent prcperty or accumulate
on right-of-rvay area-s.
WEEDINC: Weeding ofplant beds, sidewalks (asphalt. concrete or pavers), guardrail bases, and curbjoints as
well as other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide
a wccd liee ard well maintained area.
GENERAL SITE PRUNING: Ceneral site pruning shall be defined as the pruning ofany plant's foliage below
ten-foot (10') foot.
All groundcovers, shrul'rs, canopy trces and palms up to ten foot ( l0') level, shall be inspected and pruned on a
weekly or an as nccded basis, so to maintain thc proper or required heights for visibility, vehicular mov€ment
purposes and desired shape or form ts determined by County's reprcsenmtive. Pruning shall also include removal
ofwater 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 Camma or
Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12") or twenty-four (24") height based
upon the type ofplant. Omamental type grasses such as Liriope muscari 'Evergrcen Ciant', shall onlybepruned
at the direction and approval ofthe (:ounty's representative.
Plant material with a canopy over pedestrian sidewalks shall be maintained at a minimum height ofone hundred
twenty inches (120"). Shmbs and groundcovers adjaccnt to pathways or sidewalks shall be pruned to maintain
one lbot (l') of clearance frorlr 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.
I'RASH REMOVAL: With each service, all sites shall be cleaned by removing all tmsh or debris to include,
but not limited to: paper, bottles, cans, other trash, and horticultural debris. AII debris or trash pick-ups shall be
pe bmred "prior" to mowing in all turfareas. The disposalofall trash and debris must be at a propsr landfillor
disposal site-
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16.B.6.a
Packet Pg. 622 Attachment: First Amended LMA (27915 : LMA - Marbella Lakes Owners Association, for landscape and irrigation improvements within
L TRAFFIC CONTROL: 'l'he Association shall comply with the requirements of Collier Countl Maintenance of
'lraffic (MOT) Policy, oopies of which are available through Risk Management or thc Purchasing Department-
The Association shall obtain and review the County MOT policy requircments prior to submitting a bid.
l he Association will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway &
Traffic Design Standard lndexes, or other related documents, so to becom€ familiar with the requirements. Strict
adh€rcnce to the requirements ofthe MOT policy will be enforced under this Contract.
To assist in employee visibility, cmployees servicing the area shall wear high visibility safety apparcl in
compliance with the most current edilions ofthc FDO'I Design Standards and the Collier County Maintenance
ofTraffic (MOT) policy.
CANOPY TREE AND PAI,M PRUNING: For this site, canopy uees shall be defined as any large shrub, tree,
or palm with fbliagc above a ten-foot (10') level.
All canopy trees and palms shall be pmned on a continuous basis to create and maintain a scventeen-foot ( I 7')
canopy clearance over the roadways and a ten-foot ( | 0') canopy clearance over all pathrvays. Canopy trees shall
be selectively pruned twicc pcr year in April and September so to thin the interior canopy ofcross branching and
to shape the canopy ofthe trees. The County's rcprescntative shall approve a professional licensed to prune tress
under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved prolessional
shall do the pruning and sharpcning. The work shall be performed pcr ANSI AS300 "Standard Practices lbr
Tlcss^ Shrubs, and other Woody Plant Maintcnance" and done in a professional manner in accordance with
"Pruning Standards" ofthe national Arborist Association or accepted local trade standards and practiccs.
Palnrs shall be pruned annually during Junc ofeach year. 1'he palms shall be pruned to a "Tropical Cut" or to a
nine (9) o'clock- threc (3) o'clock angle from the horizontal at the base ofthe palm's bud or lowest f[onds.
Approximately seven (7) to ( l0) ten green fronds shall be left at the head alier pruning. The pruning shall include
removal ofall nuts, sced stalks, brown or dead and lower t'ronds.
The work shall bc donc in a professional manner in accordance rvith acceptable trade standards and practiccs.
'lhe palms shall not be climbcd with tree spikes to remove the fronds. Thc pruning shall be accomplished by the
usc of a ladder, boonr truck or lifl. All debris from the pruning shall be rernoved and the sjte shall be left on a
clean and ncat manner.
When thc annual or bi-annual heavy pruning work is being performed with the use of a lift or boom truck. il is
required that the adjacent tramc or tum lane to the work area" be closed using traffic control devices and signage
per lhe current FDOT tratfic control standards and indexes.
F[,RTII,IZATION: Granular fertilization ofshrubs and groundcovers shall beapplied by hand in a twelve-inch
(12") wide radius ring around the lrase ofthc plants. Cranular fenilization of the trees and palms slrall be
deternrined by the calipcr (diameter) ofthe trunk and broadcast by hand in a band around the plant's lrase tionr a
distance of l2" to the drip linc ofthe palm. whenever possible.
An 8 oz. cup equals one ( I ) pound. Trees and palms shall receive one ( I ) cup per one-inch ( I ") caliper. Shrubs
and groundcovers shall receive one ( I ) cup per three foot (3') of height or spread. Shrubs and groundcovers shall
rcceive one-half (1/2) cup per eighteen inches (18") of height or spread. All fertilizer shall besweptoffall
sidewalks, concrete curbing and paving.
The fertilizer shall be applied as set fonh in thc following schedule
TurfAreas and Plant beds containing Shrubs, Groundcovers, and Trees
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16.B.6.a
Packet Pg. 623 Attachment: First Amended LMA (27915 : LMA - Marbella Lakes Owners Association, for landscape and irrigation improvements within Marbella
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The ( l3-3- l3) fertilizer shall be applied at a rate of tcn ( l0) pounds pcr one thousand ( 1000) sq ft. for all areas.
Four applications of(13-l-13) fertilizer will be applied yearly during th€ nronths of February, May, July, and
October.
Palms: Association shall apply approved by County's representative palm fertilizer during February, May, July,
and October as specified below.
Should yeJlowing occur on the top ofthe fronds, manganese sulfate will be required and ifon thc lower fronds,
Sul-Po-Mag or equivalent will be rcquircd to be appli€d with the palm fertilizer at the rates specified.
MULCHING: Organic Mulch Areas with no rnulch or new planting areas shall have mulch placed to provide
for a four inch (4") non-compactcd or unscttlcd dcpth measured from the existing soil grade. The area to receive
the mulch shall be raked level to establish the proper finished glade and have all weeds removed prior to the
placenrent ofthe mulch. Two inchcs m ust bc applicd to replenish th is rnulch twice a year, November and during
May.
IRRIGATION SYSTEMS: The irrigation sy stems shall be checked and repaired as necessary. Each zone shall
be manually tumed on at the valve oncc a weck and a thorough inspection conducted to asce(ain properoperations
ofthe system. Quick coupling valves, ifexisting shall be rcvicwcd rvcckly and operated quarterly to insurc proper
operation. Maintenance responsibilities will include cleaning and adjustment of heads, nozzles, installation or
replacement of risers, repair of nrinor PVC piping brcaks or subsurface piping or restricted sprinkler lines,
replacement ofdamaged valve boxes/lids and adjustment ofcontroller and rain shut offswitches for settings and
operations. \Vhere required, the Association shall maintain on sitc rcclaimcd water irrigation signage.
ST]BSI]RFACE IRRIGATION SYSTEMS:
No excavation or mechanical metal edging around plantbedsshall be done rvithin the Right-of-rvay. Mechanical
metal blade edging is pcrmittcd along lhe back ofcurbing.
Weekly Service Requiremenls:
I. A visual inspection ofthe subsurface irrigation systems shall be performed weekly to determine
ifthe systems are functioning normally and ifcuts, leaks, piping damage, flooded areas exisl, and repair
as necessary. This shall also include review and re-setting of the controller and in-ground moisture
sensor adjustments or othcr rain sensing deviccs as needed.
System Computer/Controller
a. Operate, adjust, and set controller to provide proper operation ofthe systcms.
b. Diagnosc and rcpair electrical and mechanical malfuDctions.
c. Monitor and adjust the syslcm zoncs moisture lcvcls based upon moisture sensor readings
d. Operate controller on autonlatic, manual and single trip operation.
e. Monitor controller standby battery backup and replace as required.
Automatic Control Assenrblies and Quick Coupling Valves
a, Revie\v control valve assembly and by-pass system for proper settings.
b. Opcn zonc control valve assemblies and quick coupling valve boxes to r€view yalves for
pr€ssure gauge operation; proper settings and are clean ofdebris or mulch.
Ieaks;
Pump Sites
a. lnspect for proper operations.
b- The Association shall record and provide to the County's representative th€ well water flow meter
readings for the two well locations on the General Maintenance Report Sheets.
Review system rvater source conncctions to includc watcr meters, backflow preventers, gate valve points
ofconnection and main lines for proper operation.
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J LANE CLOSLIRE: Lane closure lor median maintenance shall corrrply with the rnost cunent editions
ofthe FDOT Design Standards and thc Collicr County Vaintcnance ol"l raffic (MO l ) policy.
4.
16.B.6.a
Packet Pg. 624 Attachment: First Amended LMA (27915 : LMA - Marbella Lakes Owners Association, for landscape and irrigation improvements within Marbella
2
l
Monthly Service Requirements:
l. Automalic Control Valve Assembly
Manually operate valves, and clcan valve assembly filters
Backflow Assembly
Review assembly for proper operation and clean filter as needed
Quick Coupling Valves
Review boxes and opcratc valve
Pump Sites
a. Once a month, the Association will trouble shool each pump station, checking amperage draw and
document the results for futu.e reference.
b. Manually run the systcm 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. 'fhe Association will clean the strainers filters and inspect them for wearat the Pump Station.
Manually run the system with open flush caps and review sprinkler head indicators located at the end of
zones.
Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at
the end ofzones where present to determine the system and porous piping is functioning properly,
Check, analyze and adjust flow control devices as required.
Quanerly Service Requirements:
l. 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.
Monthly Service Requirements:
l. Manually run lhe system, clean and adjust sprinkler heads/nozzles and concrctc donuts as neccssary 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 propcr
operation of the system.
b. Repair system for any blown-offhead, broken lines or leaks around heads or valves.
c. Check the controllers and rain sensors for proper operation and settings.
d. 'fhe Association shall further adjust all sprinkler heads to ensure that all landscapcd areas receive
one hundred percent ( l00o/o) inigation coverage.
e. Within all work areas the Association shall review the plant material and turffor dry conditions and
iffound conect the pmblem.
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Conventional Pop-up lrrigation Systems:
Weekly Service Requirements:
I . Each median zone shall be manually tumed on at the valve to ascertain proper operation ofthe system.
2. Repair system for any blown-offheads, broken lines or leaks around heads or valves.
3. Chcck thc controller and rain sensing deviccs for proper operation and settings.
4. The Association shall funher adjust all sprinkler heads to ensure thal all landscaped areas receive one
hundred percent (100%) irrigation coverage.
5. Within all work areas the Association shall review the plant material and turffor dry conditions and if
found conect the problem.
16.B.6.a
Packet Pg. 625 Attachment: First Amended LMA (27915 : LMA - Marbella Lakes Owners Association, for landscape and irrigation improvements within Marbella
2
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5
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Scrvicc Requirements for Irrigation Systems:
Should South trlorida Water Management Districl or olher governing agency establish watcr restrictions,
the irrigation syslcms shall bc inspectcd and all other controllers set to the mandated hours ofoperation
set by the Districl or Agency. Subsurface systems are exempt from water restrictions.
Replace defective heads or notzles, install or rcplacc defectivc risers and repair minor breaks or restricted
sprinkler Iines.
Replace damaged valve boxes/lids ifcaused by thc Maintenance Association.
lnspect, clean, and replace, ifnecessary, screen/filters within the sprinkler heads.
Keepall grass and mulch outofall valvc 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.
One hundred percent ( 100%) irrigation covcragc shall bc maintained within all irrigated landscaped areas
while this Contract is in effect.
Notificadon to the County's representative is required whcn acts ofvandalisff or rccidcnts lravc occurrcd
to thc irigation system. Plrotos slrall bc taken and provided to the County's representative at no added
cost.
Miscellaneous Inigation Maintenance Responsibilitiesl
l. Should the temperature be forecast to be below thirty-tbur (34) degrees, the Association shall be
responsible for turning the irrigation system offin order to protect plants from possible frecze damage.
2. h shall be the Association's responsibility to notiry the County's representative of any irrigation
problems or additional irrigation mainlenance needs.
3. The irrigation service personnel must lrouble shool time clocks, i.e. power-in I l0 volt and 24-volt l'uses,
24 volts output when necessary.
4. The irrigation services personnel must trouble shoot any pump start .elay. main fuses and capacitors
when necessary.
PEST CO\TROI,: Trees, Palms, Shrubs. Groundcovers, and Sod must be closely monitored lor pcsts and
diseases and must be treated appropriately by a liccnscd Pcst Control Operator approved by the County's
rcpresentative.
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16.B.6.a
Packet Pg. 626 Attachment: First Amended LMA (27915 : LMA - Marbella Lakes Owners Association, for landscape and irrigation improvements within Marbella