Four Fountains Landscape Maint AgmtLANDSCAPE MAINTENANCE AGREEMENT
This Landscape Maintenance Agreement is entered into this 24 day of
S A" UA(_y , 201 by and between COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida whose mailing address is 3299 Tamiami Trail East, c/o the Office
of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "County "), and
FOUR FOUNTAINS, INC. a Florida not - for - profit corporation, whose mailing address is 41
Watercolor Way, Naples, Florida, 34113 (hereinafter referred to as "Association ").
RECITALS:
WHEREAS, County is the holder of that certain Drainage Easement located in Collier
County, Florida, created and dedicated to the perpetual use of the public by the plat of Lely Golf
Estates Tract Map, recorded in the public records of Collier County in Plat Book 8, Page 20, as later
modified by the recording of the plat of Lely Golf Estates St. Andrews West in Plat Book 10, Page
93 of the public records of Collier County (hereinafter referred to as the "Drainage Easement "); and
WHEREAS, County intends to utilize a large part of the above - referenced Drainage
Easement to improve a segment of the Naples Manor North Canal as part of the Lely Area
Stormwater Improvement Project; and
WHEREAS, utilization of County's Drainage Easement for the construction of
improvements to the Naples Manor North Canal will necessitate removal of the existing vegetation
from the Drainage Easement, which vegetation has served as a visual buffer from the existing
section of the Naples Manor North Canal located immediately to the south of Four Fountains, Group
One, Condominium; and
WHEREAS, County, desires to restore for the Association a visual buffer from the Naples
Manor North Canal within the northerly five (5) feet of the Drainage Easement (hereinafter referred
to as the "Hedge ") after the existing vegetative buffer has been removed and the County's
improvements are constructed; and
WHEREAS, County desires to allow Association to choose from selected plant species for
the Hedge; and
WHEREAS, Association desires to assume all maintenance responsibilities for the Hedge
after its installation.
NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below, and all Exhibits referenced herein are made a
part of this Agreement.
1 of 5 INSTR 4665205 OR 4771 PG 1034
RECORDED 3/6/2012 11:30 AM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $44.00
2. Association may select from the following species of plants for the installation of the Hedge:
(a) Viburnum odoratissimum (Sweet Viburnum); (b) Clusia guttifera (Small leaved Clusia);
or (c) Viburnum obovatum (Walter's Viburnum).
3. County shall plant the selected plant species within the northerly five (5) feet of the Drainage
Easement, shall have sole discretion in the manner of planting and the size of the Hedge
plant material installed initially, and shall replace any Hedge plants which fail to survive for
a period of one year from the date of their planting.
4. The Hedge shall be trimmed and maintained by the Association such that leaves and
branches are confined within the northerly 5 feet of the Drainage Easement. Should
Association fail to trim maintain the Hedge in the manner specified above, County may
provide notice to Association in writing, specifying the nature of the deficiency. Within five
working days following receipt of such notice, Association at its sole cost shall cure the
deficiency. In the event Association fails to cure the deficiency County may cure the
deficiency, without the need for prior notice to the Association, and will promptly bill the
Association for all actual costs incurred in curing the deficiency. The Association shall
reimburse the County for such costs within thirty days of receipt of the County's bill.
5. Association shall indemnify and save harmless County, including all employees of County,
from any claim of loss or damages, including attorneys' fees and costs of litigation, allegedly
incurred or suffered as a result of the Association's use of the Drainage Easement for the
purposes set forth in this Agreement. This indemnification shall extend to the Association's
maintenance of the Hedge.
6. The indemnity provided for by this Agreement will extend from the effective date of this
Agreement until such time as the parties hereto acknowledge in writing that the Association
has ceased to use the Drainage Easement for the purposes stated within this Agreement and
this Agreement has been terminated.
7. County shall provide Association with thirty (30) calendar days written notice of County's
intention to begin construction within the Drainage Easement. Whereupon Association shall
promptly remove from the Drainage Easement any and all improvements which the
Association desires to retain. Upon commencement of construction, any and all
improvements located within the Drainage Easement shall be removed and disposed of by
County's construction contractor with no liability therefore.
8. 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. In the event this Agreement is terminated by the Association for
whatever reason, then the Association shall be responsible for removal of the Hedge at its
sole cost and expense. In the event this Agreement is terminated by County due to
Association's failure to cure cited deficiencies, then upon written demand by County, the
Association shall remove the Hedge at its sole cost and expense.
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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 attorney's fees, at both trial and appellate levels.
10. This Agreement may be recorded by the County in the Official Records of Collier County,
Florida. A copy of the Recorded Agreement will be provided to the Association.
11. This Agreement is the entire agreement between the parties, and supercedes 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.
12. The rights and obligations of this Agreement shall bind and benefit any successors or assigns
of the parties.
13. Any notice, request, demand, instruction or other communication to be given to either party
hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or
registered or certified mail, return receipt requested, postage prepaid or personal delivery
addressed as follows:
If to County: Attn: Jay Ahmad
Director, Transportation Engineering & Construction Management
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239 - 252 -8192
Fax 239 -530 -6643
With a copy to: Jeffery A. Klatzkow
County Attorney
Office of the County Attorney
Harmon Turner Building
32-?`ITamiami Trail East
Naples, Florida 34112
Telephone 239 -7-Q -8400
Fax 239 -).SZ 0225
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If to Owner: John Foley, as Registered Agent for the corporation
40 Watercolor Way
Naples, Florida 34113
Telephone:
In Witness Whereof, the parties have caused these presents to be executed on the day and date
first above written.
As to County:
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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FRED W. COYLE, Chairman
FOUR FOUNTAINS, INC., a Florida not - for - profit
corporation
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ATTEST:
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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FRED W. COYLE, Chairman
FOUR FOUNTAINS, INC., a Florida not - for - profit
corporation
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STATE OF FLORIDA
COUNTY OF COLLIER
THIS LANDSCAPE MAINTENANCE AGREEMENT was signed and acknowledged on
this day of 2)e cf,M\,oe,r- , 2011, before me, the undersigned notary public, by
RENO i 12>t.SKS as Y12E5�c)Enr"
of Four Fountains, Inca a Florida not - for - profit corporation, on behalf of the corporation, who:
is personally known to me,
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V produced F1,,.,. -DL_ as proof of identity.
(SEAL)
NOTARY PUBLIC -STATE OF FLORIDA
" "- Sonja Stephenson
-Commission # 0D744846
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