Agenda 01/26/2016 Item #16D10 1/26/2016 16.D.10.
EXECI TIVE SUMMARY
Recommendation to approve a Landscape Maintenance Agreement between the Radio Road
Beautification NISTI' with the Board of County Commissioners as governing board and REC 8
Berkshire Commons LLC.
OBJECTIVE: To re-establish landscape maintenance responsibility tier all landscape south and east of
the sidewalk on the south and east side of Devonshire Blvd. and adjacent to Berkshire Commons Phase I
(described in OR 1927 Page 2031) to RFGB Berkshire Commons ITC.
CONSIDERATIONS: Devonshire Boulevard was platted as part of Berkshire Lakes Unit I (Plat Book
14, Pages 118-I20) in 1988. It was subsequently accepted for maintenance by Collier County on
December 5. 1989 (Resolution 89-385). On June 11, 2002, the Board accepted responsibility for
maintaining the medians along Devonshire Blvd. and later transferred that maintenance responsibility
ewer to the Radio Road MST11
The landscape buffer behind Berkshire Commons Phase I was developed in 1991 with a Viburnum I ledge
to screen the commercial property from the residential neighborhood across Devonshire Blvd. Over the
years the butler hedge was neglected, the irrigation system failed, and some of the hedge died.
Neighboring residents requested that the Radio Road Beautification MSTU improve the situation. The
MSTU sometime between 2002 and 2008 attempted to improve the condition of the landscape by adding
drip irrigation and pruning the hedge to prevent it from growing over the sidewalk.
From 2008 forward there was some dispute as to who is responsible for maintaining the hedge. The
matter was turned over to Code Enforcement who was unable to resolve the issue of responsibility
because the MSTU at certain points in time did perform some maintenance of the hedge and it was
unclear whether they had accepted responsibility with that action, In December 2014, a representative
with Berkshire commons offered the following to Code Enforcement in an effort to resolve this ongoing
dispute. Reg8 Berkshire Commons 1_1.0 proposed the t011owing:
I The County shall install/restore the irrigation system that was previously in place and/or
reimburse Regency for the cost of installing/restoring the irrigation system alone tevonshire
Boulevard on the shopping center side of'the street.
2. The County shall pay for the replacement and installation of the missing plants along the hedge
row.
3_ Regency will agree to maintain at their own cost, the hedge row on Devonshire Boulevard going
forward after the terms in items numbered I & 2 are met.
The proposal was presented to the Radio Road MSTU Committee who requested staff communicate with
representatives for Berkshire Commons to try to come up with a resolution. On March 9, 2015, the
MS Ft Committee voted to repair the drip irrigation, replace missing plants along the hedge and enter
into an agreement with Reg$ Berkshire Commons ITC to document their acceptance of the hedge row
maintenance.
The attached Landscape Maintenance Agreement formalizes the acceptance of the responsibility for the
landscape maintenance by RFG8 Berkshire Commons 1.LC. In turn, the MSTU agrees to connect the
existing irrigation to Berkshire Commons system, ensure that it is working correctly, and to lilt in the
gaps in the hedge with like plants The total cost of this refiubishment to the MSTU is approximately
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$9,305 00. The MSTU further agrees to fix any problems that should occur over a 6 month period atler
the refurbishment is installed.
FISCA1. IMPACT: Funds to support the proposed agreement, in the amount of$9,305.00,are
available in the current Radio Road Beautification MS RJ Fund(158)budget.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority support for approval. -Mk
CROWED MANAGEMENT IMPACT; There is no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County- Commissioners approves and authorizes the
Chairman to sign the landscape Maintenance Agreement between the Radio Road Beautification
MST11 governed by the Board of County Commissioners with REGS Berkshire Commons
1_I.C.
Prepared I3y: I larry Sells, PTNE Division,MSTLJ Project Manager
Attachments:
1) Landscape Maintenance Agreement
2) Exhibit A-I Devonshire Viburnum fledge Exhibit 091915
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(TOLI_T P C(7)UNT,Y
Item Number: 6.15.2.16-.2.
Item Summary: Recommendation to approve a Landscape Maintenance Agreement
between the Radio Road Beautification MSTU with the Board of County Commissioners as
governing board and REG8 Berkshire Commons LLC.
Meeting Date: 1/26/2016
Prepared By
Name: SellsHarry
Title: Project Manager, Public Transit&Neighborhood Enhancemt
12/29/2015 12:18:27 PM
Submitted by
Title: Project Manager,Public Transit&Neighborhood Enhancemt
Name: SellsHarry
12/29/2015 12:18:28 PM
Approved By
Name: SotoCaroline
Title: Management/Budget Analyst,Public Transit&Neighborhood Enhancemt
Date: 12/31/2015 10:21:25 AM
Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
Date: 12/31/2015 12:05:54 PM
Name: CarnellSteve
Title: Department Head-Public Services,Public Services Department
Date: 1/5/2016 3:55:47 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/6/2016 9:36:07 AM
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Name: 7.=innEc-
Titic: 1,Aana2emtn-:Luct2-2-1 Manaztf7-1
Da-Lc: '2016
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/15/2016 10:44:37 AM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 1/15/2016 11:15:58 AM
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THIS LANDSCAPING MAINTENANCE AGREEME:Nr (this g eernen iE made
this day of , 2016, by and between Radio Road Municipal Service Taxing
Unit ("MSTU") as governed by the Board of County Commissioners, Collier County, Florida
(the "County"), having and address of 3329 Tamiami Trail East, Suite 300, Naples, Florida
34112 and REG8 Berkshire Commons, LLC, a Delaware limited liability company ("Berkshire
Commons"), having an address of c/o Regency Centers Corporation, 4041 Park Oaks Blvd,
Suite 110, Tampa,Florida 33610.
RECITALS
WHEREAS, MSTU was created and established by Collier County Ordinance No. 96-84,
as subsequently amended by Collier County Ordinance 2002-59, for the purposed of beautifying
and maintaining certain median strips of streets and other public areas located within Collier
County, Florida;
WHEREAS, Berkshire Commons is the fee owner of that certain property located at 7151
Radio Road, Naples, Florida, as more particularly described on Exhibit A attached hereto and
made a part hereof (the "Property") and commonly known as Berkshire Commons Shopping
Center;
•
WHEREAS, MSTU presently maintains the landscaping on the south and east side of
Devonshire Boulevard located adjacent to the Property (the Buffer Area"); and
WHEREAS, the parties desire to establish certain agreements between the parties with
respect to the maintenance of certain improvement, including but not limited to landscaping (the
"Landscaping") and.a buffer hedge (the"Hedge") located within the Buffer Area.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. Recitals. The above recitals are hereby confirmed as true and correct and reaffirmed
herein.
1
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the roliowin
Elam new Hedges to fill in exisuunn' gaps within the Fiedge, of similar type
vegetation of appropriate size.
(ii) Repair the existing drip irrigation system for the Landscaping and the Hedge
and reconnect the system to Berkshire Commons' irrigation system. The work
described in subsection (i) and (ii) above is hereinafter collectively referred to as
the "Work". Any destruction or damage to Berkshire Commons' irrigation
'system in performing the Work shall be immediately repaired by MSTU at its sole
cost and expense.
(iii) Upon completion of the Work, and for a period not to exceed six (6) months
following the completion of the Work, MSTU agrees to make any and all repairs
necessary to insure the Work has been completed correctly and to the satisfaction
of Berkshire Commons.
3. Maintenance. Upon completion of the Work, Berkshire Commons shall be
responsible for maintaining the Landscaping and the Hedge located within the Buffer
Area at its sole cost and expense.
4. Indemnification. Berkshire Commons, or its successors and assigns as owner of the
Property, (the "Indemnitor") shall indemnify and save harmless MSTU and/or the
County, including all employees of the County (collectively, the "Indemnitee"), 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 Indemnitor's
maintenance of the Landscaping and the Hedge pursuant to this Agreement.
Indemnitee agrees to give Indemnitor written notice of any claims filed against the
County in connection with this Agreement, within thirty (30) days of the date that
County is aware of such claim. The Indemnitee shall not undertake to settle any
lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder
2
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This _.:,. em:iii iiiu:), be recorded by the '..VUUL AU LLIG Vtil`..1C11 Records
of Collier County, Florida. MSTU shall pay all costs for recording this Agreement. A
copy of the recorded Agreement will be provided to the Berkshire Commons by
MSTU.
6. Entire Agreement. 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 rescinded or amended in any way, except
by a written agreement signed by both parties and duly recorded. This Agreement
shall be binding upon and inure to the benefit of the parties hereto, and their
respective successors and assigns.
[TIIE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY;
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year 1115E above written.
MS U:
Dated Board of County Commissioners,
Collier County Florida
Dwight E Brock Clerk
By By
Deputy Clerk Tim Nance, Chairman
Approved as to form and Legal sufficiency:
BERKSHIRE COMMONS:
REGS BERKSHIRE COMMONS, LLC,
a Delaware limited liability company
By: REG8 Member,LLC, a Delaware limited
liability company, its sole member
By: Regency Centers, L.P., a Delaware limited
partnership, its sole member n
. By: Regency Centers Corpoiati n, aFlorida
corporation, its general pa.ti or
B, _ /�✓
Print Name: Rik,'
,ri; i;,..,S.2'ed
Title: 4..ii
Date r? .
STATE OF FLORIDA
r l
COUNTY OF +r'7 i 1 i',,' i
d
ry a ttr ��;
The foregoing in i]ill Cdlt WY'aS tel cd hefive 1 ,hit , day of December,2015,by/13,4 ":1 e% XL. ,J'.-{," tom,'
they (Cif President of Regency Centers Corporation, a Florida corporation, the general partner of
Recehey Centers, L.P., a Delaware limited partnership, the sole member of PEGS hlernucr, LLC, a Delaware limited liability
company, tle-sule member of REGS BERKSHIRE COMMONS, LLC, a Delaware limited liability company, on behalf of the
company He/She is personally known to me or has produced as identification.
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41 j ( tdj -.-),c. i-
.Notary Pu lic,State of Florida /
Name: i&l 114 Le,SMQ, tom!/,.1 J
My Commission Expires:
My Colnmissio°Number i w_°---------,
SEAL] --4tii�rny
za. 4 s� NINAt1SANALI
b.: i= MY COMMISSION it FF 925066 b
"':c ;; EXPIRES:November 12,2019
"";,,if,n, Bonded Tut'Notary Public Undervnitero a
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OR 4472 PG
EXHIBIT A
i. .
Property
A PORTION OF TRACT "P BERKSHIRE LAKES UNIT ONE AS SHOWN IN PLAT BOOK 14,
PAGES 118 THROUGH 120, LYING IN SECTION 32,TOWNSHIP 49 SOUTH,RANGE 26 EAST,
COLLIER COUNTY FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 32,RUN NORTH 89'35'47"
WEST A DISTANCE OF 100.00 FEET; THENCE RUN NORTH 00'07'01 WEST A DISTANCE OF
75.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT F THENCE NORTH 89'35'47"WEST •
ALONG THE SOUTHERLY BOUNDARY OF TRACT "F" A DISTANCE OF 483.10 FEET TO THE
POINT OF BEGINNING ALSO BEING THE POINT OF CURVATURE OF A NON TANGENT
CIRCULAR ENTRAL ANGLE OF 1'1 58' HA• N �QY �` FEET AND A CHORD BEARING •
• OF NORTH 15'43'00 WEST;THEN Q TiWES•I'E TR.'YG THE ARC OF SAID CURVE A
DISTANCE OF 21.78 FEET TO I NT OF TANGENCY, 'Il.tNCE NORTH 00'07'01" WEST :
ALONG THE WESTERLY BO A5I-O ARCEL A DISC NCE OF 19.86 FEET; THENCE
NORTH 07'14'59" WEST A rISTAN -0K 4 EET; THEN CE NORTH 00'07'01 WEST A
DISTANCE OF 82.73 FEET. )' GE,�C a. .e G-_ 0 IS GREES 07'01" WEST A
DISTANCE OF 598.65 FEET THEN L oUT. 13. 5 (59' \DI, TANCE OF 16831 FEET;
THENCE NORTH 00'07'01"1WERT 11• i CE Or91'7 FE 'L; I CE SOUTH 66'43'00
WEST ALONG THE NORTHER�l Y•II ARY-OF 3 ACT -1k E T • CE OF 233.09 FEET TO
THE POINT OF CURVATUREEI•'\A CIRCULAR CUR AC(1 CA .-� O THE SOUTHEAST HAA
RADIUS OF 500.00 FEET AND ENTRAL ANGLE O -66' 8' ATHENCE SOUTHWESTERLY
ALONG THE ARC OF SAID�0;,1 E A DISTANCE 1'OF j78°r3/FEET TO THE POINT OF
TANGENCY; THENCE SOUTH T;) -DEGREES 24'13' t ES ALONG THE WESTERLY
BOUNDARY OF TRACT"F"A DISTAN�•.'GF.QF 7..i0A FE TE,,, POINT OF CURVATURE OF
A CIRCULAR CURVE CONCAVE TO ili`7RE' S-T'-HAVING A RADIUS OF 25;00 FEET
EE 0
AND A CENTRAL ANGLE OF 90 DEGR '00;'THENCE SOUTHEASTERLY ALONG TIC
ARC OF SAID CURVE A DISTANCE OF 39.27 FEET TO THE POINT OF TANGENCY;THENCE
SOUTH 89 DEGREES 35'47 EAST ALONG THE SOUTH BOUNDARY OF TRACT "F" A
DISTANCE OF 320.73 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CIRCULAR
CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 40.00 FEET AND A CENTRAL
ANGLE OF 31 DEGREES 08'52'HAVING A CHORD OF 21.48 FEET AND A CHORD BEARING
OF NORTH 15'41'27" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
A DISTANCE OF 21.75 FEET TO THE POINT OF TANGENCY; THENCE NORTH 00 DEGREES
07'01 WEST ALONG THE WESTERLY BOUNDARY OF PARCEL "A" A DISTANCE OF 76.14
FEET; THENCE NORTH 08'00'25 EAST A DISTANCE OF 65.27 FEET TO THE POINT OF
CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS
OF 10,00 FEET AND A CENTRAL ANGLE OF 81 DEGREES 52'34";THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE A DISTANCE OF 1429 FEET TO THE POINT OF •
TANGENCY; THENCE NORTH 89 DEGREES 52'59 EAST ALONG THE NORTHERLY
BOUNDARY OF PARCEL "A" A DISTANCE OF 273.36 FEET TO THE POINT OF CURVATURE
. OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 10.00 FEET
AND A CENTRAL ANGLE OF 90 DEGREES 00'00"; THENCE SOUTHEASTERLY ALONG THE.
ARC.OF SAID CURVE A DISTANCE OF 15.71 FEET TO THE POLNT OF TANGENCY;THENCE
SOUTH 00 DEGREES 07'01" EAST ALONG THE EASTERLY BOUNDARY OF PARCEL "A" A
DISTANCE OF 82.73 FEET; THENCE SOUTH 07'00'57" WEST A DISTANCE OF 40.27 FEET;
THENCE SOUTH 00 DEGREES 07'01" EAST A DISTANCE OF 18.64 FEET TO THE POINT OF
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OR 4472 PG 928
' CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS
OF 40.00 FEET AND A CENTRAL ANGLE OF 32 DEGREES 11'20';THENCE SOUTHWESTERLY •
ALONG THE ARC OF SAID CURVE A DISTANCE OF 22.47 FEET TO A POINT OF NON-
TANGENCY; THENCE SOUTH 89'35'47" EAST ALONG THE SOUTHERLY BOUNDARY OF
TRACT"F"A DISTANCE OF 69.93 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH A NON-EXCLUSIVE ACCESS AND PARKING EASEMENT OVER THAT ,
PROPERTY GENERALLY REFERRED TO AS PHASE 2 OF THE BERKSHIRE COMMONS •
SHOPPING CENTER,AS SET FORTH IN THAT CERTAIN EASEMENT RECORDED IN OFFICIAL
RECORDS BOOK 1665, PAGE 460, TOGETHER WITH FIRST AMENDMENT WITH FIRST
AMENDMENT THERETO RECORDED IN OFFICIAL RECORDS BOOK 3680,PAGE 2573,OF THE
PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.
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