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Agenda 07/08/2014 Item #16A267/8/2014 16.A.26. EXECUTIVE SUMMARY Recommendation to approve a Landscape Maintenance Agreement with the Kings Lake Homeowners Association which authorizes the County to purchase vegetation to be planted by the County along the Kings Lake property line that abuts the Road Maintenance facility located at 4800 Davis Boulevard. (Estimated fiscal impact $5,502.50). OBJECTIVE: To have the Board of County Commissioner (Board) approve a Landscape Maintenance Agreement (Agreement) with the Kings Lake Homeowners Association (HOA) which authorizes staff to purchase and plant the agreed upon vegetation along the property line of the Kings Lake Community that abuts the Road Maintenance facility located at 4800 Davis Boulevard. CONSIDERATIONS: In December 2013 the HOA President, Mr. Nuechterlein, contacted Road Maintenance staff to inquire about assisting them with the existing vegetation on Kings Lake property that was providing screening of the Road Maintenance facility from the Kings Lake Community. Due to some areas of hedge that were missing, the hedge was no longer providing an adequate screening of the Road Maintenance facility for the Kings Lake Community. In January of 2014 Road Maintenance staff met with Mr. Nuechterlein, Mr. Williams, Kings Lake Property Manager, and their Maintenance Superintendent to discuss several planting options that would be acceptable. At that time the HOA indicated that they would get back to staff with their decision as to which planting option they would like to move forward with. In the mean time staff would trim back some of the large ficus on the Road Maintenance property to allow more sunlight through to reach the Kings Lake hedges. It was agreed that in order to better screen the Road Maintenance facility from the Kings Lake Community, 90 Areca Palms (15 gallon container) and 130 Arboricola (3 gallon container) would be planted on Kings Lake property along the property line that abuts the Road Maintenance facility. On April 7th 2014, staff met to discuss and prepare the Agreement where the County would purchase and install the plantings and then the HOA would be responsible for maintaining the plantings and the existing irrigation lines in perpetuity. After review by their attorney, the HOA returned the signed agreement on June 9th 2014. FISCAL IMPACT: Funds in the amount of $5,502.50 are available in the Road Maintenance Department operating budget 101- 163620. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary LEGAL CONSIDERATIONS: The Board will need to make a finding of public purpose for this project. This item has been approved as to form and legality. A majority vote is required for Board approval. — HFAC RECOMMENDATION: Recommendation that the Board approves the Landscape Maintenance Agreement with the Kings Lake Homeowners Association which authorizes staff to purchase and plant the agreed upon vegetation and authorizes Chairman to sign the Agreement. Prepared by: Travis Gossard, Superintendent, Road Maintenance Department Attachments: 1) Landscape Maintenance Agreement; 2) Temporary Construction Easement; 3) Planting Plan; and 4) Location Map Packet Page -918- 7/8/2014 16.A.26. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.26. Item Summary: Recommendation to approve a Landscape Maintenance Agreement with the Kings Lake Homeowners Association which authorizes the County to purchase vegetation to be planted by the County along the Kings Lake property line that abuts the Road Maintenance facility located at 4800 Davis Boulevard. (Estimated fiscal impact $5,502.50). Meeting Date: 7/8/2014 Prepared By Name: LynchDiane Title: Supervisor - Operations, Road Maintenance 6/13/2014 10:44:44 AM Approved By Name: LynchDiane Title: Supervisor - Operations, Road Maintenance Date: 6/13/2014 11:31:34 AM Name: V1ietJohn Title: Director - Road Maintenance, Road Maintenance Date: 6/16/2014 9:12:56 AM Name: Tara Castillo Title: Management/Budget Analyst, Road Maintenance Date: 6/17/2014 12:37:56 PM Name: ShueGene Title: Director - Operations Support, Transportation Administration Date: 6/18/2014 11:44:28 AM Name: ShueGene Title: Director - Operations Support, Transportation Administration Date: 6/19/2014 1:59:53 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Packet Page -919- 7/8/2014 16.A.26. Date: 6/23/2014 10:23:30 AM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 6/25/2014 5:13:57 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/26/2014 4:28:49 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 6/27/2014 12:08:05 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 6/27/2014 2:1 8:53 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 7/1/2014 1:06:40 PM Packet Page -920- 7/8/2014 16.A.26. LANDSCAPE AGREEMENT THIS LANDSCAPE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of , 2014, to be effective as of the date upon which this Agreement is approved by the Board of County Commissioners of Collier County (the "Effective Date "), by and between KINGS LAKE HOMEOWNER'S ASSOCIATION, INC., a Florida non -profit corporation (hereinafter referred to as "HOA ") whose mailing address is c/o Southwest Property Management Corp., 1044 Castello Drive, #206, Naples, Florida 34103, and COLLIER COUNTY, 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, Florida 34112 (hereinafter referred to as "County "). WITNESSETH: WHEREAS, County operates a road maintenance facility at 4800 Davis Boulevard on property owned by the State of Florida; and WHEREAS, the rear of the road maintenance facility abuts common area owned by the HOA described as Outlot C, Kings Lake, Unit 1, according to the plat thereof recorded in Plat Book 12, pages 68 and 69 (the "HOA Property "); and WHEREAS, the parties desire to install a vegetation barrier on the north 10 feet of the HOA Property to create a vegetation barrier between the Kings Lake Development and the road maintenance facility; and WHEREAS, County is willing to pay for the vegetation barrier and its installation, but will not participate in its ongoing maintenance; and WHEREAS, HOA agrees to convey a Temporary Construction Easement to County at no cost to County and as more particularly described in Attachment "A" for the purpose of installing the vegetation barrier; and WHEREAS, after installation, HOA is responsible to irrigate and maintain the vegetation barrier in perpetuity. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 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 attachments referenced herein are made a part of this Agreement. 2. HOA shall deliver to County, at no cost to County and within ninety (90) days of the effective date of this Agreement, the following properly executed documents Packet Page -921- 7/8/2014 16.A.26. (HOA's delivery of said properly executed documents is hereinafter referred to as the "Closing "): a. from HOA, a Temporary Construction Easement to County across HOA common elements for installation of the vegetation barrier; b. evidence of the authority of the entity and signatory to execute said Temporary Construction Easement on behalf of HOA; c. a Public Disclosure Act Disclosure Affidavit as required by Section 286.23, Florida Statutes 3. Upon receipt of the foregoing, County shall record said Temporary Construction Easements and provide HOA with an invoice for all recording fees and documentary stamp taxes. HOA shall pay County for the recording fees of the Temporary Construction Easement and any documentary stamp taxes. Within 30 days of receipt of the invoice, HOA shall pay the amount to County. 4. This Agreement shall become null and void and all obligations of the parties hereto shall be terminated in the event that HOA fails to deliver to County, within ninety (90) days of the effective date of this Agreement, all documents referenced in Paragraph 2 (above). 5. After the receipt of all items identified in Paragraph 2 above, and after satisfactory completion of all obligations set forth in Paragraph 2 above, County shall install the vegetation barrier within the area described in the Temporary Construction Easement per the Planting Plan, attached hereto as Attachment "B 6. HOA shall be responsible for obtaining an SDP amendment or insubstantial change determination, if required. 7. After the installation of the vegetation barrier and acceptance of the landscaping and irrigation by HOA, HOA shall thereafter assume all maintenance responsibilities for the landscaping and provide irrigation. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and may only be modified by written amendment thereto. The reciprocal obligations contained herein are contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto; shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. This is the entire agreement between the parties with respect to the matters set forth herein, and 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: Landscape Agreement Page 2 of 4 Packet Page -922- 7/8/2014 16.A.26 If to County: Road Maintenance Attn: Travis Gossard, Superintendent 4800 Davis Boulevard Naples, Florida 34104 Telephone 239 - 252 -8924 With a copy to: County Attorney Office of the County Attorney Harmon Turner Building 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 Telephone 239 - 252 -8400 Fax 239 - 252 -0225 If to HOA: Kings Lake Homeowner's Association, Inc. c/o Southwest Property Management Corp. 1044 Castello Drive, #206 Naples, Florida 34103 Telephone: 11. To the extent permitted by law, HOA shall indemnify, defend, save and hold harmless County against and from, and reimburse County with respect to any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising cut of the construction of the vegetation barrier and all other obligations and performance under this Agreement. 12. This Agreement is not intended to create any rights, benefits or entitlements in any person or entity who is not an undersigned party to this agreement. No third - party beneficiary claims may be asserted on the basis of this Agreement. 11 This Agreement is governed and construed in accordance with the laws of the State of Florida. 14. All obligations contained herein other than the granting of the temporary easement interests shall survive the recording of the Temporary Construction Easement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Landscape Agreement Page 3 of 4 Packet Page -923- 7/8/2014 16.A.26. IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. AS TO COUNTY: DATED: _ ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk AS TO HOA: WITNESSES: With�ss (� naf re) Name: (Pri ) Witness (Signatures} Name: E-, \ L,6 -i n l Tit E I (Print) Approved as to form and legality: Heidi Ashton -Cicko Managing Assistant County Attorney C P\14 -TRM- 0012018 Landscape Agreement RY' TOM HENNING, Chairman KINGS LAKE HOMEOWNER'S ASSOCIATION, INC., a Florida Corporation not for profit By: KARL NUECHTERLEIN, President Page 4 of 4 Packet Page -924- 7/8/2014 16.A.26, ,4 i 4a c�1 rr : 4 A TEMPORARY CONSTRUCTION EASEMENT This Easement granted this day of , 2014, by KINGS LAKE HOMEOWNER'S ASSOCIATION, INC., a Florida non - profit corporation organized under the laws of the State of Florida, whose mailing address is c/o Southwest Property Management Corp., 1044 Castello Drive, #206, Naples, Florida 34103 (hereinafter referred to as "Grantor ") to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of all individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of Ten Dollars ($10,00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction Easement to enter upon the lands described as follows: The north 10' of Outlot C, Kings Lake Unit 1, according to the plat thereof recorded in Plat Book 12, pages 68 and 69 of the public records of Collier County, Florida for the purpose of installation of landscaping in this area. Except as provided below, this Temporary Construction Easement shall expire six (6) months from the date of execution hereof. If the construction of the public facilities is not complete within six (6) months from the date of execution hereof, then the Grantee may extend the Temporary Construction Easement for six (6) additional months by recording a Notice of Time Extension in the Public Records of Collier County, Florida. If the Grantee shall extend the completion of the public facilities, Grantee shall first notify the Grantor in writing at the address listed above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: WITNESSES: 4� lul�l Wit ss ( giinaturie) Name: u►s (Pri t KINGS LAKE HOMEOWNERS ASSOCIATION, INC., a Florida Corporation not for profit By: kl,"00 /UMU��� KARL NUE HTERLEIN, President 1 of 2 Packet Page -925- 7/8/2014 16.A.26. Witness (Signature) Name: t s (Print) T� STATE OF F 1 e, r c!� COUNTY C Co11 e The foregoing Temporary Construction Easement was acknowledged efore me this ka, days of K , 2014, by m,-1 rt�v,t E(�e%() , as f ;^ `d ey of Kings Lake Homeowner's Association who: is personally known to me OR produced as proof of identity. 6AIIJ(affix notarial seal) (Signature of lotary Publi ) 7t nn� 1�c�mcav'1 P,f�� -- (Print Name of N tary Public) ". rw Mr` ? Serial 1 Commission # (if any): Ef d2 S9 My Commission Expires: CP \14•TRM- 00120 \13 2 of 2 Packet Page -926- 1/01/-U l-+ IC7.H.Lq. Attachment'B': Planting Plan Cotter County Packet Page -927- jy(I r }, a a v Road Maintenance Faci f ity � � t rya .y ht.)' Cotter County Packet Page -927- 7/8/2014 TEMPORARY CONSTRUCTION EASEMENT This Easement granted this day of , 2014, by KINGS LAKE HOMEOWNER'S ASSOCIATION, INC., a Florida non - profit corporation organized under the laws of the State of Florida, whose mailing address is c/o Southwest Property Management Corp., 1044 Castello Drive, #206, Naples, Florida 34103 (hereinafter referred to as "Grantor ") to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of all individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction Easement to enter upon the lands described as follows: The north 10' of Outlot C, Kings Lake Unit 1, according to the plat thereof recorded in Plat Book 12, pages 68 and 69 of the public records of Collier County, Florida for the purpose of installation of landscaping in this area. Except as provided below, this Temporary Construction Easement shall expire six (6) months from the date of execution hereof. If the construction of the public facilities is not complete within six (6) months from the date of execution hereof, then the Grantee may extend the Temporary Construction Easement for six (6) additional months by recording a Notice of Time Extension in the Public Records of Collier County, Florida. If the Grantee shall extend the completion of the public facilities, Grantee shall first notify the Grantor in writing at the address listed above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: WITNESSES: 4itM 4si gn ature) , Name: u► 16. , (Pri t KINGS LAKE HOMEOWNERS ASSOCIATION, INC., a Florida Corporation not for profit By: KARL NUE HTERLEIN, President 1 of 2 Packet Page -928- 16.A.26.� 7/8/2014 16.A.26. Lc -'p ,-- -710 Witness (Signature) Name: F I k y- !;7 n Iy �T (Print) STATE OF F► ri r"(A0.— COUNTY OF 0,0 1 I " *---fl, ^ 0111�-fl, The foregoing Temporary Construction Easement was acknowledged pefore me this (,A% . day of ___ 2014, by Ko)C 1 at,L�1'%(e +rl as day of Kings Lake Homeowner's Association who: is personally known to me •- produced proof of identity. (affix notarial seal) (Signature of tary Publi )4 , 9.ZL1,ii1�t.' YtO�Y%'IC�l (Print Name of N tary Public) CP \14 -TRM- 00120 \13 Serial / Commission # (if any): Ef OZ GS9 I My Commission Expires: 10 -0-11-1 2 of 2 Packet Page -929- Ut INNIE R FFIV N PEREZ . f corntssioft 7V HE 026591 October 11, 2014 wtr_k:dTtw Trof fain qs:uarce n CP \14 -TRM- 00120 \13 Serial / Commission # (if any): Ef OZ GS9 I My Commission Expires: 10 -0-11-1 2 of 2 Packet Page -929- 7/8/2014 16.A.26 Attachment'B': Planting Plan Packet Page -930- 4�r :mD,evelopmen Coi[�er County �7- 4 C, t OR *1 �14 VI &4 A� Ir 4,x 7111 I&P -eve opmen