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Backup Documents 12/13/2016 Item #16K10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ', b ` j, 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 Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 1Z.Zg•i 4. BCC Office Board of County -1\)/VZ � Commissioners v 42 ` Z��`(o 5. Minutes and Records Clerk of Court's Office .0 Chiliy7 11.9 0-1 PRIMARY CONTACT INFORMATION 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 Kevin Hendricks Phone Number 252-5844 Contact/Department Right-of-Way Transportation Agenda Date Item was 12/13/16 Agenda Item Number 16.K.10 Approved by the BCC Type of Document Settlement Agreement Number of Original Two(2) Attached Landscape Maintenance Agreement Documents Attached PO number or account n/a 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 ' - •- ' CMG C.`1-kG 2. Does the document need to be sent to another agency for additional ? ,If yes, CMG 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 CMG 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 CMG 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 CMG 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 CMG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip CMG 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 12/13/16 and all changes made during CMG the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the CMG 1 BCC,all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. 0cast,.�Yov-ta.,..... 'ikc Cs:A\e_ev1 Gv k- aCv\V�G �CC-�I. C...6 \CS)��71 [04-COA-01030/1291392/1Th 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 16 Kl 0 MEMORANDUM Date: December 29, 2016 To: Kevin Hendricks, Right-of-Way Manager Transportation Engineering Construction Management From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Stipulated Final Judgment, Settlement Agreement and Landscape Maintenance Agreement for Parcels 101FEE & 101TCE in the lawsuit Collier County v. Florida Power and Light Company, et al., Case #13-CA-1329 (Collier Boulevard Project No. 68056) Attached for your records are copies of the documents referenced above, (Item #16K10) approved by the Board of County Commissioners Tuesday, December 13, 2016. The originals will be held in the Minutes and Records Department for the Official Record. If you have any questions, please feel free to contact me at 252-8406. Thank you. Attachment 161( 10 MEMORANDUM Date: December 29, 2016 To: Colleen Greene, Assistant County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Stipulated Final Judgment, Settlement Agreement and Landscape Maintenance Agreement for Parcels 101FEE & 101TCE in the lawsuit Collier County v. Florida Power and Light Company, et al., Case #13-CA-1329 (Collier Boulevard Project No. 68056) Attached for your records are copies of the documents referenced above, (Item #16K10) approved by the Board of County Commissioners Tuesday, December 13, 2016. The originals will be held in the Minutes and Records Department for the Official Record. If you have any questions, please feel free to contact me at 252-8406. Thank you. Attachment Filing # 50026389 E-Filed 12/14/2016 10:18:37 AM l6Klfl IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA CIVIL ACTION COLLIER COUNTY,a political subdivision of the State of Florida, Petitioner, Case No.: 13-CA-1329 vs. PARCELS: 101 FEE; and 101 TCE FLORIDA POWER&LIGHT COMPANY;et al., Respondents. PETITIONER COLLIER COUNTY AND FLORIDA POWER& LIGHT COMPANY'S JOINT MOTION FOR STIPULATED FINAL JUDGMENT AS TO PARCELS 101FEE AND 101TCE COMES NOW, Petitioner COLLIER COUNTY and Respondent FLORIDA POWER & LIGHT COMPANY("FPL"), through undersigned counsel,and moves this Honorable Court for entry of the proposed Stipulated Final Judgment as to Parcels 101 FEE and 101TCE, attached hereto a ,Exhibit"1". 111 COLLEEN M. GREENE,ESQ. 'i AN BRATT$BO,ESQ. Florida Bar No. 502650 Florida Bar No. 248452 Collier County Attorney's Office FLORIDA POWER&LIGHT COMPANY 3299 East Tamiami Trail,Suite 800 700 Universe Blvd. Naples,FL 34112 Juno Beach,FL 33408-2657 Telephone: (239)252-8400 Telephone: (561) 691-2542 Facsimile: (239) 774-0225 Facsimile: (561)691-7103 CO-COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENT colleengreene@colliergov.net FLORIDA POWER&LIGHT COMPANY jenniferbelpedio@colliergov.net Brian,Brattebo(a?,fpl.com nancybradley@colliergov.net Denise.chapman(a,fpl.com (I 3.1329-CA/1299208/11 16K10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated Final Judgment was electronically filed with the Florida Courts E-Filing Portal which will send a notice of electronic filing to parties appearing via electronically, and by U.S. mail to parties as indicated on the Service List below,on this {44y of December, 2016. BY: N&C Ca 1 COLLEEN M. REENE, ESQ. Parcels 101FEE/101TCE FLORIDA POWER& LIGHT COMPANY Larry H. Ray, Collier County Tax Collector do Brian Brattebo, Esqurie [dismissed] Brian.brattebo(a,fpl.com c/o Charles PT Phoenix, Esquire Denise.chapman@fpl.com cptp@rhodestucker.com kv(a?rhodestucker.com DEUTSCHE BANK TRUST COMPANY AMERICAS, as successor in interest to Bankers Trust Company and The Florida National Bank of Jacksonville c/o CT Corporation System, Registered Agent 1200 S. Pine Island Rd., Plantation, FL 33324 13-1329-CA/1159 [13-1329-CA/1299208/1] 16K1 .fl IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA CIVIL ACTION COLLIER COUNTY,a political subdivision of the State of Florida, Petitioner, Case No.: 13-CA-1329 vs. PARCELS: 101FEE;and 101TCE FLORIDA POWER&LIGHT COMPANY; et al., Respondents. STIPULATED FINAL JUDGMENT AS TO PARCELS 101FEE AND 101TCE THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, FLORIDA POWER& LIGHT COMPANY ("FPL"),by and through their undersigned counsel,for entry of a Stipulated Final Judgment as to Parcels 101FEE and 101TCE for Project No. 68056,and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, FPL, and the Court being otherwise fully advised in the premises thereof,it is thereupon ORDERED AND ADJUDGED that Respondent, FPL, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Three Hundred Eight Five Thousand Five Hundred Eighty One and No/100 Dollars ($385,581.00) for Parcels 101FEE and 101TCE, as full payment for the property interest taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages, statutory interest, attorney's fees, and expert fees and costs in connection with said parcel;it is further (134329-CA/12992054(Exhibit"1" to Joint Motion for Stipulated Final Judgment 1 6 K 1 0 ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate of value previously deposited in the amount of Two Hundred Forty Six Thousand and No/100 Dollars ($246,000.00), as payment for acquisition of Parcels IOIFEE and 101 TCE, at which time title to said parcels as described in Exhibit"A"vested in the name of the Petitioner;it is further ORDERED that within thirty (30) days hereof, Petitioner shall pay the total sum of One Hundred Thirty Nine Thousand Five Hundred Eight One and No/100 Dollars ($139,581.00) to FLORIDA POWER & LIGHT COMPANY, c/o Brian Brattebo, Esq., 700 Universe Blvd., Juno Beach, FL 33408-2657 in additional funds over the amount previously deposited into the Court Registry;it is further ORDERED that this Order disposes of all claims arising out of the taking of Parcels 101 FEE and 101TCE and that have or could have been asserted in this cause; it is further ORDERED that the fee simple interest and temporary construction easement interests to Parcels 1O1FEE and 101TCE, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the.Order of Taking dated July 16, 2013, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4914, Page 3409 of the Public Records of Collier County,Florida be dismissed as to Parcels 101FEE and 101TCE; it is further ORDERED that the Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment and the attached Settlement Agreement between the parties;it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County,Florida; it is further (13.1329-CA/r299208/1)Exhibit"1" to Joint Motion for Stipulated Final Judgment 1 6 1( 1 4 _ _ _ DONE AND ORDERED in Chambers at Naples,Collier County,Florida,this day of ,2016. HONORABLE LAUREN L.BRODIE CIRCUIT COURT JUDGE Conformed Copies to: Colleen M. Greene,Esq.,Co-Counsel for Petitioner COLLIER COUNTY, col l eengreenenn,col l iergov.net Brian.Brattebo,Esq,, Counsel for Respondent FPL,brian.brattebo@fpl.com Respondent DEUTSCHE BANK TRUST COMPANY AMERICAS,do CT Corporation System,Registered Agent, 1200 S. Pine Island Rd.,Plantation,FL 33324 Charles P.T. Phoenix,Esq.,Counsel for Respondent LARRY H. RAY, COLLIER.COUNTY TAX COLLECTOR, cptp@rhodestucker.com Kevin Hendricks,Transportation ROW Acquisition Manager,kevinhendricks@colliergov.net Clerk's Office,Accounting [13-1329-CA/1299208/11 Exhibit"1"to Joint Motion for Stipulated Final Judgment 161( 10 FXH1RIT"A• PROJECT NO. 68058 PROJECT PARCEL NO. TWEE FEE 81At FOLIO NO, 37931100008 FiM1ESiMSY isg-OAL.2522RIMIN&SK CK (NOTA SURVEY) THE NORTH 116 FEET OF THE EAST 30 FEET, TOGETHER WITH THE SOUTH 59 FEET OF THE NORTH 178 FEET OP THE EAST 26 FEET. TOGETHER WITH THE SOUTH 155 FEET OF THE EAST 30 FEET OF TRACT 121,AND THE NORTH 46 FEET OF THE EAST 3D FEET,TOGETHER WITH THE SOUTH 84 FEET OF THE NORTH 110 FEET OF THE EAST 25 FEET, TOGETHER WITH THE NORTH 190 FEET OF THE SOUTH 220 FEET OF THE EAST 30 FEET OF TRACT 122, GOLDEN GATE ESTATES UNff NO. 28, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7,PAGE 15, OF THE PUBLIC RECOROB OF COLLIER COUNTY, FLORIDA, CONTAINING 18,285 SQUARE FEET,MORE OR LESS. s• an, TRACT 121 t u 30. yia t2¢' TRACT 122 4.1 .yp _ _ E.14187140le"AVENUE PLATTED RIGHT•QFWAYE;\BE4A6NT(30FEET) s TCHuOTTOE AU Wks Came Olaat u.,aeomri%Mk*•SreapaNtc+tyswnp VitnA WN7e1t11 Au Exhibit"1" to Joint Motion for Stipulated Final Judgment 161( 10 co-ntin PROJECT NO, 88055 PROJECT PARCEL NO, 101TCE • FOLIO NO 97991150008 GA DII CRIP11ON&SKETCH (NOTA SURVEY) THE NORTH 118 FEET OF THE WEST 10 FEET OF THE EAST 40 FEET, TOGETHER WITH THE SOUTH 59 FEET OF THE NORTH 175 FEET OF THE WEST 15 FEET OF THE EAST 40 FEET,TOGETHER WITH THE SOUTH 155 FEET OF THE WEST 10 FEET OF THE EAST 40 FEET OF TRACT 121,AND THE NORTH 48 FEET OF THE WEST 10 FEET OF THE EAST 4O FEET, TOGETHER WITH THE SOUTH e4 FEET OF THE NORTH 110 FEET OF THE WEST 15 FEET OF THE EAST 40 FEET,TOGETHER WITH THE NORTH 190 FEET OF THE SOUTH 220 FEET OF THE WEST 10 FEET OF THE EAST 40 FEET OF TRACT 122,GOLDEN GATE ESTATES UNIT NO.29,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7,PAGE 15,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 6,915 SQUARE FEET,MORE OR LESS. • @5 TRACT 121 .' 4 16' -4, 30' 70' t 25' 4. D 15•--► TRACT 122 _ _ _ _ _ _ _ _ _ _ _ _ EI381-bRG 15' AVlNU6 PLA7TEB waHT-0r•1NAY EASEMENT(00 F r)^ TEMPORARY CONSTRUCTION EASEMENT DURATION 3 YEARS. s, ramor ro cow Mum owmtirw.antDiem•1v.rwo rous.lvawhoue war41111Ru Exhibit"1" to Joint Motion for Stipulated Final Judgment 11O SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement")is made as of the 13 day of December, 2016 between FLORIDA POWER & LIGHT COMPANY, a Florida Corporation ("FPL"), and COLLIER COUNTY,a political subdivision of the State of Florida("COUNTY"). FPL and the COUNTY are sometimes collectively referred to hereinafter as the"Parties", RECITALS The COUNTY is expanding Collier Boulevard generally from Green Boulevard to Golden Gate Boulevard. The COUNTY acquired two parcels (Parcels 101 FEE and 101 TCE, hereinafter, the"Parcels") from FPL through the exercise of its eminent domain power by filing an action styled Collier County v. Florida Power & Light Company, et al., Case no. 13-CA- 1329, in the Circuit Court of the 20"' Judicial Circuit in and for Collier County (the "eminent domain action"). Title to the Parcels vested in the COUNTY pursuant to an Order of Taking entered July 16, 2013 and the COUNTY'S subsequent deposit of funds in this action. A copy of the Order of Taking containing the legal descriptions for the Parcels is attached hereto as Exhibit "A." Pursuant to a court order in this action entered November 6, 2014, the clerk of the court disbursed to FPL,without prejudice to contest further the amount of full compensation owed,the sum of $246,000.00 as follows: $236,000.00 for parcel 101FEE and $10,000.00 for Parcel 101 TCE. See attached Exhibit"B."The Parties desire to enter into this Agreement to formalize the terms and conditions of the settlement with respect to the final full and just compensation owed to FPL by the COUNTY for the acquisition of the Parcels pursuant to the above eminent domain action. NOW, THEREFORE, for and in consideration of the mutual promises and covenants set forth herein, the payment of TEN and No/100 ($10.00)Dollars, and other good and valuable [13-1329-CA/1297947/1] I 161( 10 consideration, the receipt and sufficiency of which is hereby acknowledged,the Parties agree as follows: 1, The Recitals set forth above and the exhibits attached hereto are true and correct and by this reference incorporated into the Agreement. 2, Upon approval of the terms and conditions contained herein by the Collier County Board of Commissioners, and subsequent to the entry by the Court of a final judgment in the eminent domain action, the COUNTY shall pay to FPL the sum of Three Hundred Eighty-Five Thousand Five hundred Eighty-One Dollars and No/l00 ($385,581.00)in full payment for the interests in the Parcels taken as described in Exhibit"A", including all damages, attorney's fees and costs of any kind, including but not limited to severance damages, moving expenses, business damages and any and all damages for any claims that were or could have been raised in an eminent domain action. FPL has previously been paid the sum of$246,000.00 through a withdrawal of deposit as set forth in Exhibit"B." Accordingly, the additional sum to be paid to FPL by the COUNTY in accordance with the terms of this Settlement Agreement is the sum of One Hundred Thirty-Nine Thousand Five Hundred Eighty-One Dollars and No/100 ($139,581.00). No other funds are owed by the COUNTY to FPL for the taking of the Parcels, 3, As part of the Collier Boulevard road expansion for which the FPL parcels were acquired, COUNTY is constructing a berm within the perimeter right-of-way of Collier Boulevard adjacent to FPL's Golden Gate Service Center located at 4105 15`h Avenue, Naples, FL (the "Berm"). The construction of the Berm is to be done in accordance with COUNTY'S plans (prepared by CH2MHILL for road no. CR 951 (Collier Boulevard and attached as an exhibit to the Landscape Maintenance Agreement referenced below.)). Subsequent to the completion of construction of the Berm by County, FPL shall install landscaping and irrigation on the COUNTY'S Berm in accordance with a Landscape Maintenance Agreement to be [13-1329-CA/1297947/1] 161( 10 executed by the parties prior to the entry by the Court of a final judgment reflecting the final amount to be paid to FPL in this eminent domain action. A copy of the Landscape Maintenance Agreement together with FPL's approved landscape plan as well as the County's Berm plans are attached hereto as Exhibit "C". County shall complete construction of the Berm by June 30, 2017. 4. By execution of this Settlement Agreement and the approval by the Collier County Board of Commissioners of the terms and conditions contained herein, and upon entry by the Court of a final judgment in the eminent domain action, FPL acknowledges and agrees, that FPL will have released all claims relating to the eminent domain action, including all damages, attorney's fees and costs of any kind, including but not limited to severance damages, moving expenses, business damages and any and all damages for any claims that were or could have been raised in an eminent domain action. IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed in their respective names as of the date first above written. WITNESSES: FLORIDA POWER& LIGHT COMPANY, a Florida corporation �• By: Dean J.Girard Print Name M Print Name Title: fl nc Car*RBA F to Date: 421 VIM. u*b_, Print Name Mania Hun [13-1329-CA1129794711j 161( 10 AS TO COLLIER COUNTY: ATTEST: DWIGHT E B:R,tCK,Cleric BOARD OF COUNTY COMMISSIONERS OF CO IER COUNTY,FLORIDA By; CLLUt ?, - ' 42 C By / Attests- ONNA FIALA,Chair signature 01y. .prov-4 as to form and legality: Colleen M. Greene Assistant County Attorney Item# j Agenda Date Date Rec'd 113-1329-CA/1297947/1 J 1 6 K10 EXHIBIT"A" The Order of Taking [13-1329-CA/129794711] 161( 10 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA CIVIL ACTION COLLIER COUNTY,a political subdivision of the State of Florida, Petitioner, Case No.: 13-CA-1329 vs. Parcel Nos.: 101 FEE, 101 TCE, l I OFEE,1IOTCE,148FEE, I48TCE FLORIDA POWER&LIGHT COMPANY;et al., MED IN OPEN COM' Respondents. JUL 16 2013 ORDER OF TAKING THIS CAUSE coming on to be heard by this Court, and it appearing that proper notice was first given to all Respondents and to all persons having or claiming any equity, lien, title or other interest in or to the real property described in the Petition that the Petitioner would apply to this Court for an Order of Taking,and the Court being fully advised in the premises,upon consideration, it is,therefore, ORDERED and ADJUDGED that; 1. This Court has jurisdiction of this cause,the parties hereto and the subject matter hereof. 2. The pleadings in this cause are sufficient and the Petitioner is properly exercising its delegated authority. 3. The property is being acquired for a public purpose. 4, The taking of this property is reasonably necessary to serve the public purpose for which the property is being acquired. 5. The Amended Declaration of Taking and Estimate of Value fled in this cause by Petitioner was made in good faith and based upon a valid appraisal. EXHIBIT"A" 1 6 K1 6. Upon payment of the Estimate of Value,as described below, into the Registry of this Court, the right, title or interest described in Exhibit "4" attached hereto and made a part hereof by reference shall vest in Petitioner,COLLIER COUNTY,FLORIDA. 7, Within twenty days of this Order,Petitioner shall deposit into the Court Registry the amount of Three Hundred Seventy-Six Thousand Three Hundred Dollars and No/100($376,300,00)as the good faith estimate of value for the following parcels: Parcel Good Faith Estimate Parcel 101 FEE $236,000 Parcel 101TCE $10,000 Parcel 110FEE $66,200 Parcel 11 OTCE $100 Parcel 148FEE $49,000 Parcel 148TCE $15,000 8. The deposit of money will secure the persons lawfully entitled to the compensation that will be ultimately determined by final judgment of this court. 9, Upon deposit,as set forth above,and without further notice or order of this Court,Petitioner shall be entitled to possession of the property described herein, DONE AND ORDERED in Naples,Collier County,Florida,on this 16th,day of July,2013, • THIA A.PIVACEK Circuit Court Judge 2 16K10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been fpFnished by United States Mail to all parties listed on the attached Service List below on this &May of July, 2013. 1p 411 ii64413Y1 • teputy C r Parcells 101FER/1.O1TCE Florida Power&Light Company Larry H.Ray c/o Brian Brattebo,Esqurie ole Brenda C.Garretson,Esquire 700 Universe Boulevard Rhodes Tucker Garretson&Phoenix Juno Beach,FL 33408 P.O.Box 887 Brian.brattebo@fpi.com Marco Island,Florida 34146 Denise.chapmUn(fp(.c4111 bala.rhodestucker.cont kvi lrhodestucker,com Deutsche Bank Trust Company Americas As successor in interest to Bankers Trust Company and The Florida National Bank of Jacksonville do CT Corporation System,Registered Agent 1200 S.Pine Island Road Plantation,FL 33324 Parcels 110FEE/1.1(TCE Nestor Rodriguez Kali Campbell,Esq. c/o Christopher Percz-Gurri,Esq. elo Albertelli Law GPG Law P.O.Box 23028 3901 South Ocean Drive,Suite I ID Tampa,FL 33623 Hollywood,FL 33019 Mortgagee—foreclosure counsel service@goglawfinn.com ghris©gpelawilnn.com Unknown Tenants 13945 Collier Blvd. Wells Fargo Bank,N.A, Naples,Florida 34119 Successor in Interest to Wachovia Mortgage, Tenants f/k/a World Savings Bank,F.S.B, c!o Corporation Service Company,Rog.Agt. Larry H.Ray 1201 Hays Street c/o Brenda C.Garretson,Esquire Tallahassee,FL 32301-2525 Rhodes Tucker Garretson&Phoenix P.O.Box 887 Marco Island,Florida 34)46 bg@rhodestucker,com kvirhodestucker,com Parcels I48FEE/148TcE Pinegute 135 LLC United Church of Christ at the Lighthouse,Inc. 0/o Mark A.Tobin,Esq. c/o Robert E.Townsend,Registered Agent Akerman Senterfitt 163 Seabrceze Avenue One Southeast Third Avenue,25th Floor Naples,Florida 34108 Miami,FL 33131 3 1 6 1( 1 0 EXHIBIT"B" The Court Order Allowing FPL's Withdrawal of$246,000.00 (13-1329-CA/1297947/1J 1 6 K 10 IN THE CIRCUIT COURT OF THE IWEN.FL1 TH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA CIVIL ACTION CASE NO.: 13-CA-1329 PARCELS: 101 FEE&101 TCE COLLIER COUNTY,a political subdivision of the State of Florida, Petitioner, r vs. FLORIDA POWER&LIGHT COMPANY, .� et al., Respondents. ' STIPULATED ORDER GRANTING FLORIDA POWER&LIGHT cOMPANY'S MOTION' QWITIIDR.AW FUNDS(PARCELS 191 LEE A 1(11 TCE ONLY) THIS CAUSE came before the Court upon the Stipulation of the parties to Withdraw Funds from the Court Registry,and the Court having reviewed the attached Stipulation and being otherwise duly advised m the premises,it is ORDERED AND ADJUDGED that: 1. The disbursement pursuant to the Stipulation is GRANTED. 2, Within 14 days of the date of this Order is entered, the Clerk of this Court will disburse the sum of$246,400.00,less any fees owed to the Clerk or funds previously disbursed to the Collier County Tax CoIIector for ad valorem taxes, by bank check made payable to"Florida Power&Light Company"from funds Petitioner deposited in this case into the court's registry as to parcels 101 FEE and 101 TCE and deliver it to: Florida Power&Light Company Attention:Brian Brattebo,Esq. JB/GC 700 Universe Boulevard Juno Beach,FL 33458 16K10 Collier County v.FPL,et al. Case No, 13-CA-1329 3, FPL's right to contest valuation as to parcels 101 FEE and 101 TCE is fully protected notwithstanding acceptance of these funds. DONE AND ORDERED in Chambers at Collier County, Florida this [!_ day of November,2014, /ilJatovat, By Clerk Ern.? c1Rc COURT JUDGE Copies furnished to: Emily R.Pepin,Assistant County Attorney Charles Phoenix.Esq. Brian R.Brattebo,Esq. 2 161( 10 Collier County v,FPL,et al. Case No. 13-CA-I329 STIPULATION TO WITHDRAW FUNDS (AS TO PARCELS 101 FEE 4.101 TCE OMNI COMES NOW FLORIDA POWER & LIGHT COMPANY ("FPL"), COLLIER COUNTY, and COLLIER COUNTY TAX COLLECTOR, by and through their undersigned attorneys and hereby stipulate to the entry of an Agreed Order Allowing Withdrawal of Funds as to parcels 101 FEE and 101 TCE. The parties state as follows: 1. FPL is the fee owner of parcels 101 FEE and 101 TCE in this eminent domain action. 2. Pursuant to the Amended Declaration of Taking and Notice of Deposit (attached hereto),Petitioner has deposited the$236,000.00 for PARCEL 101 FEE and$10,000 for PARCEL 101 TCE into the Court Registry,for a total of$246,000.00 3. Petitioner has secured title to the parcels 101 FEE and 101 TCE and FPL is entitled to withdraw these funds from the Court Registry. WHEREFORE,the parties request this Court order the Clerk of the Court to forthwith pay to Florida Power&Light Company the sum of$246,000.00,on account of and without prejudice to FPL's claim of full compensation in this action,less any fees due to the Clerk for administrative purposes or previous disbursements made to the Collier County Tax Collector for ad valorem taxes,and immediately upon issue the aforesaid sum shall be forwarded by regular U.S. Mail to FPL's legal counsel,Brian R.Brattebo,Esquire,700 Universe Boulevard,Juno Beach,FL 33408. 3 16K10 Collier County v,FPL,et al. Case No. 13-CA-1329 By: ) By: W �� BRIAN R.BRAT TEBO,ESQ. EMILY R.P' 'IN,EW L4'.1 emilyPepin(a7coll ierbov,net Florida Bar No.248452 rosavillareal,Qcolliergov,net Attorney for Respondent FPL nancybradlev@colliergov,net 700 Universe Blvd, Florida Bar No.92956 Juno Beach,Florida 33408 Assistant CountyAttorney Phone: (561)691-2542 Fax: (561)691-7103 COLLIER COUNTY ATTORNEY'S Secondary: denise.chanman(a/fpl.com OFFICE Harmon Turner Building 3299 East Tamiami Trail,Suite 800 Naples,FL 34112 Phone: (239)2524400 Fax; (239)252-6300 By; CHARLES PHOENIX,Esq, Attorney for Respondent LARRY H.RAY Collier County Tax Collector Florida Bar No.0535591 Rhodes Tucker Garretson&Phoenix The Esplanade 800 North Collier Boulevard,Suite 203 Marco Island,FL 34145 cptp(u,rhodestucker.com 4 16K10 EXHIBIT "C" Draft Landscape Maintenance Agreement [13.1329-CA11297947/1j 16K10 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this i3_ day of{pYt1 , 2016, by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida(hereinafter referred to as "County"), whose mailing address is 3299 East Tamiami Trail, Suite 800, Naples, FL 34112, and the FLORIDA POWER & LIGHT COMPANY, a Florida corporation (hereinafter referred to as "FPL"), whose mailing address is P.O. Box 14000, Juno Beach, FL 33408, for the landscaping and irrigation improvements and landscape maintenance of the perimeter right-of-way on Collier Boulevard (adjacent to FPL's Golden Gate Service Center located at 4105 15th Avenue,Naples, FL). WITNESSETH: WHEREAS,this section of Collier Boulevard is within the boundaries of the County;and WHEREAS, the County condemned a portion of the right-of-way adjacent to the FPL property located at 4105 15th Avenue,Naples,FL,for the widening of Collier Boulevard,Project No. 68056,resulting in the elimination of the landscape buffer on FPL's property;and WHEREAS, in order to provide the necessary screening of the substation, the parties agree that,the best location of the reestablished buffer is within a portion of the Collier County right-of-way along Collier Boulevard,the location of which is described and attached hereto in Schedule"A". WHEREAS, FPL will, at its expense, provide enhanced landscaping treatment and irrigation improvements along the perimeter of Collier Boulevard;and WHEREAS, FPL desires to maintain the enhanced landscaping and irrigation for an indefinite period of time; and WHEREAS, it is agreed to by the County and FPL, that this Agreement is in the best interest of,and is of substantial benefit to,the general public. NOW THEREFORE,in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein,it is agreed by the parties as follows: 1. FPL,at its own expense, intends to complete the design work for the landscaping irrigation lines, in accordance with Collier County standards and as approved by County,for the section of Collier Boulevard that borders on the property of FPL. 2. FPL shall be responsible for maintenance of the said landscaping. Maintenance activities shall be in accordance with the standard Collier County Landscape Operations Section specifications,as detailed in the attached Schedule"B". 113-1329-C.A/1306853/1] 1 Exhibit"C"to Settlement Agreement 1 6 K1 ( 3. The County, as part of the Collier Boulevard road expansion for which the FPL parcels were acquired, is constructing a berm within the perimeter right-of-way of Collier Boulevard adjacent to FPL's Golden Gate Service Center located at 4105 15th Avenue,Naples, FL The construction of the berm is to be done in accordance with County's plans which, in pertinent part, are attached hereto as Schedule "C". Subsequent to the completion of construction of the berm by County,FPL shall install landscaping and irrigation on the County's berm in accordance with FPL's approved landscape plan which is attached as Schedule"D", 4. FPL expressly agrees for itself not to use the hereinafter-described right-of-way in a manner,which would interfere with or adversely affect the traffic operation or maintenance of Collier Boulevard. 5. Should FPL fail to maintain the improvements in accordance with County approved plans and specifications, the County may provide notice to FPL in writing, specifying the nature of the deficiency in maintenance. Within thirty (30) working days of receipt of such notice, FPL shall cause the appropriate repairs to be effected, at no cost to the County. In the event damage to, or failure to maintain the improvements results in a situation where public safety is at risk, the County may, at its option, effect repairs to the improvements itself, without the need for prior notice to FPL, and present the bill to FPL for all actual costs incurred in effecting the repairs. FPL shall cause these actual costs to be reimbursed to the County within thirty(30)days of receipt of the County's bill. 6. FPL, as it pertains to initial construction and maintenance as Indemnitor hereunder, shall indemnify and save harmless the County as Indemnitee hereunder, from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, losses, fines,penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation, against them arising out of FPL's use of the right-of-way for the purposes set forth in this Agreement to the extent such use violates the terms of this Agreement, provided however, FPL's total indemnification liability shall not exceed $1,000,000 and such liability shall not apply to the negligent or intentional acts of the County. 7. 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 the County is aware of such claim. 8. Prior to commencing work on any improvements contemplated by this Agreement,FPL must obtain a right-of-way permit from the County which shall address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures, if any, during the time that work is performed. FPL shall be responsible for having the permit duly executed, 9. This Agreement shall remain in full force and effect from the date ii (or a memorandum thereof at FPL's option) is recorded in the Public Records of Collier County, Florida and until the earliest to occur of either(i)the County implements any plan that modifies Collier Boulevard,or(ii)the County determines that the improvements cause a safety or capacity issue. [13-1329-CA/1306853/1] 2 Exhibit"C"to Settlement Agreement 1 6 K 1 0 9. This Agreement shall be effective upon recording (or a memorandum thereof at FPL's option) in the Public Records of Collier County, Florida, and the benefits and burdens established hereby shall inure to and be the obligation of the parties and their respective heirs, successors or assigns. 10. This Agreement constitutes the entire understanding among the parties and any previous agreements,whether written or oral,are superseded by this Agreement. 11. This Agreement may only be amended by written agreement of all parties. 12. Provided the landscaping and construction has not commenced within a period of six (6) months after the completion of the County's berm on which the landscaping is to be located, the County may terminate this Agreement at any time by giving FPL sixty (60) days written notice. 13. This Agreement shall be governed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. r rr DATED.~ Ia" - oro i ke BOARD OF COUNTY COMMISSIONERS ATTEST: OF COL ER COUNTY,FLORIDA DWIGHT E. BROCK,Clerk By: O� 4 By: , Depute 9 D• A FIALA, Chair i lest a's#o, airman's :/• IJy VA, FLORIDA POWER& LIGHT COMPANY Witness Signature Michelle M Mona m Printed Name By: Signature Witness Signature `7 Dean J.Girard Mail Hull Printed Name and Title Printed Name m Como*, Estate Approv-d as o form and le:ality: / l 1/1 By: A , .�/ Colleen M. Greene,Assistant County Attorney [13-1329-CA/1306853/1J 3 Exhibit"C"to Settlement Agreement 161( 10 Schedule"A" 1 6 K 1 0 'i- ll il : -•— .. . .._ -.... 1 ... . . . all; ' 7rAtairril . ---- , •'\ \E11, • t t F :. . ; 4D q,4Dmi--.,,...id att,. 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I . 1'111 iI 1 01 II 1 itipili liro Hi hi1 .1 i i iii i i i i 1 1, 1 i . , •1 F ' i " 1 I'111PIP 11 I 1 II' 1 0 1,.13111 IV il p 0. 1. 1 ' " i. . i -4 11 1 i 4 SE -013- p 0 10 11 P f IT 1 gi ,,.. , , i 1 0 o 1 It vil5.3 .1 il I mil...41 wrisat..t.4 , GOLDEN GATE 6 ERVIC8 CENTER 72"7:: 10mleyoHorn ____ 71 r°C'EV'terr2rIN'T PR°jECT LANDSCAPE PLAN "*" ' Roam PCWER&uatfrcompiwy ,,,,,,. ,..,,, ".., 32=amr...,,,,,wr,,,,,,,z0,.. M.Ifi CORM 1111MA ...es .1.•a.. - Schedule"B" 16K1C SCHEDULE"I3" 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 beg 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'/%"). 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, street light 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,sign posts,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 shalt 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 Falcahatchee grass shall be pruned in a pyramid shape to a twelve inch(12")or twenty-four(24")height based upon tire 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. IJ, TRASH REMOVAL: With each service,all sites shall be cleaned by removing all trash or debris to Include, but not limited to;paper,battles,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, I of 5 161( 10 ____ ___ _ _ _ _ _ C. 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. 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. 0. 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 lime 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 lade to the work area, be closed using traffic control devices and signage par the current FDOT traffic control standards and indexes. H. FERTILIZATION: Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve- inch(12")wide radius ring around the baso of the plants. Granular fertilization of the trees and palms shall be determined by the caliper(diameter)of the trunk and broadcast by hand in a band around the plant's base from a distance of 12"to the drip line of the palm,whenever possible, An 8 oz.cup equals one(1)pound. Trees and palms shall receive one(1)cup per one-inch(1")caliper. Shrubs and groundcovers shall receive one(1)cup per three foot(3')of height or spread. Shrubs and groundcovers shall receive one-half(112)cup per eighteen inches(18")of height or spread. All fertilizer shall be swept off all sidewalks,concrete curbing and paving. 2 of 5 _. 6K10 The fertilizer shall be applied as set forth in the following schedule. Turf Areas and Plant beds containing Shrubs,Groundeovers,and Trees. The(13-3-13)fertilizer shall be applied at a rate often(10)pounds per one thousand(1000)sq ft,for all areas, Four applications of(13-3-13) fertilizer will be applied yearly during the months 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 yellowing occur on the top of the fronds,manganese sulfate will be required and if on the lower fronds, Sul-Po-Mag or equivalent will be required to he applied with the palm fertilizer at the rates specified. 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, 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 control ler 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 3 of 5 1 6 14 1 0 MOW readings for the two well locations on the General Maintenance Report Sheets. j. 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 ?, 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 sprinider heads and nozzles and irrigation shields to ensure proper coverage. c. The Association will cheek 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, 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 tamed on at the valve to ascertain proper operation of the system. 2. Repair system far 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 nm 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. 4 of 5 K._/ 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/fitters within the sprinkler heads, S. 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. 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 in order 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, BIUCK 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. 5 of 5 161( 10 Schedule"C" t;•.' , I E, ri iv 31 . _..... 1 ,,,,, 7TH AVE 8.W. 11 1) I ..;:.;.R.ti I :'. .1 17TH AVE. S.W. 1Z ell '. . 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