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Bradstrom Village Landscape Maint AgmtLANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this ;U day of J � 0 U ,fV_ —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 BRADSTROM VILLAGE CONDOMINIUM ASSOCIATION, 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 East in Plat Book 10, Page 98 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 Bradstrom Village; 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 ofthe covenants contained herein, the parties agree as follows: INSTR 4667040 OR 4772 PG 3492 RECORDED 3/9/2012 2'.12 PM PAGES 5 DWIGHT E. BROOK, CLERK OF THE CIRCUIT COURT 1 of 5 COLLIER COUNTY FLORIDA REC $44.00 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. 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 install the selected plant species within the northerly five (5) feet of the Drainage Easement. County 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 ten (10) 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 (30) days of receipt of the County's bill. 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 maintenance of the Hedge within the Drainage Easement. 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. 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 ofthe improvements 2 of 5 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 Improvements at its sole cost and expense. 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 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 Telephone 239 - 774 -8400 Fax 239 - 774 -0225 3 of 5 If to Owner: Registered Agent for the corporation Jaime Greusel (as of the effective date of this Agreement) 1 l04 North Collier Boulevard Marco Island, Florida 34145 Telephone: Notice is deemed given upon receipt of same. In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. As to County: r «�C viomwe sets* , As to Association: WITNESSES: (Signature) (Print full name) (Print full name) Appro to form and legal a 'iency Jeff E. Wrig Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Imo- W. C'j' FRED W. COYLE, Chairman BRADSTROM VILLAGE CONDOMINIUM ASSOCIATION, INC., a Florida not - for -profit corporation (Signature) - &-&1/lU W - (Print full name) 'RA! Esl ,o ez-� (Corporate Title) 4 of 5 TE OF FLORIDA WTY OF COLLIER this day of Bradstrom behalf of the LANDSCAPE MAINTENANCE AGREI of , 2011, before me, , A is personally OR produced (SEAL) 1/24/2012 Item 16.A.11. NT was signed and acknowledged on undersigned notary public, by i,onaommlum Association, Ind, a Florida not - for - profit corporation, on ion, who: ,/ to me, Approved astZ Legal Form and Sufficiency: Scott County Attorney as proof of identity. Notary Public (Signature) (Print full name) 5 of 5 Packet Page -1482- www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Non Profit Coraoration BRADSTROM VILLAGE CONDOMINIUM ASSOCIATION, INC. Filing Information Document Number N28310 FEI /EIN Number 591695770 Date Filed 09/12/1988 State FL Status ACTIVE Last Event CANCEL ADM DISS /REV Event Date Filed 12/28/2004 Event Effective Date NONE Principal Address 326 -338 BRADSTROM CIRCLE NAPLES FL 34113 Changed 03/24/2011 Mailing Address 815 BALD EAGLE DRIVE SUITE 201 MARCO ISLAND FL 34145 US Changed 03/24/2011 Registered Agent Name & Address GREUSEL, JAIME 1104 N. COLLIER BLVD. MARCO ISLAND FL 34145 US Name Changed: 12/28/2004 Address Changed: 12/28/2004 Officer /Director Detail Name & Address Title D AUTRY,KAREN 6154 STONEWOOD COURT NAPLES FL 34112 Title V DONOVAN, LAWRENCE 332 BRADSTROM CR. D104 Document Searches Page 1 of 3 pp- Forms Help Entity Name Search Submit http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc number=N28310&in... 8/26/2011 wY,ww.sunbiz.org - Department of State NAPLES FL 34113 Title P Q 328 UBRADSTROM CIRCLE #E203 775 NAPLES FL 34113 Title T HELEN, ALM 328 BRADSTROM CIRCLE #E101 NAPLES FL 34114 Title S BOEHLOW, M. CHRIS 338 BRADSTROM CIRCLE #A203 NAPLES FL 34113 Annual Reports Report Year Filed Date 2009 03/16/2009 2010 03/16/2010 2011 03/24/2011 Document Images 03/24/2011 --ANNUAL REPORT View image in PDF format 03/16/2010 --ANNUAL REPORT View image in PDF format i 03/16/2009 -- ANNUAL REPORT View image in PDF format 1 04/25/2008 -- ANNUAL REPORT View image in PDF format 04/19/2007 -- ANNUAL REPOR- View image in PDF format 05/01/2006 -- ANNUAL REPOR View image in PDF format 04/28/2005 -- ANNUAL F View image in PDF format 12/28/2004 -- REINSTATEMEN ' View image in PDF format 04/30/2003 -- ANNUAL REPOR View image in PDF format 03/22/2002 --ANNUAL REPOR View image in PDF format 04/29/2001 --ANNUAL REPOR- View image in PDF format 04/10/2000 -- ANNUAL REPOR View image in PDF format 1 05/04/1999 -- ANNUAL REPOR View image in PDF format 02/04/1998 -- ANNUAL REPOF View image in PDF format 09/10/1997 -- ANNUAL REPOR View image in PDF format 04/26/1996 -- ANNUAL REPORT View image in PDF format i 04/11/1995 -- ANNUAL REPORT View image in PDF format Note: This is not official record. See documents if question or conflict. Page 2 of 3 Previous on List Next on List Return To List Entity Name Search Events No Name History Submit Home I Contact us I Document Searches I E- Filinq Services I Forms I Help I http: / /www. sunbiz.org/ scripts /cordet.exe? action = DETFIL &inq_doc_number= N28310 &in... 8/26/2011 vwww.sunbiz.org - Department of State Page 3 of 3 Copvriaht© and Privacv Policies State of Florida, Department of State hap: / /www.sunbiz.org/ scripts /cordet.exe? action = DETFIL &inq_doc_number =N283 I Min... 8/26/2011