Agenda 01/08/2013 Item # 6B 1/8/2013 Item 6.B.
c 4 Office of the County Manager
Leo E. Ochs, Jr.
I1 3299 Tamiami Trail East,Suite 202•Naples Florida 34112-5746•(239)252-8383•FAX:(239)252-4010
December 21,2012
Mr.Thomas Graham
1452 Gormican Lane
Naples FL 34110
Re: Public Petition request from Thomas Graham regarding landscape plan submitted by Riverchase
Shopping Center
Dear Mr.Graham,
Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at
the meeting of January 8, 2013, regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised
that the Board will take no action on your petition at this meeting. However,your petition may be
placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently
under litigation or is an on-going Code Enforcement case,the Board will hear the item but will not
discuss the item after it has been presented.Therefore,your petition to the Board should be to advise
them of your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner
Building(Building"F")of the government complex. Please arrange to be present at this meeting and to
respond to inquiries by Board members,
If you require any further information or assistance, please do not hesitate to contact this office.
Sincerely,
\\\, . (C --kit -
Mike Sheffield
Business Operations Manager
MJS:mjb
cc: Nick Casalanguida,Growth Management Administrator
Jeffrey Klatzkow, County Attorney
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1/8/2013 Item 6.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 6.B.
Item Summary: Public Petition request from Thomas Graham regarding landscape plan
submitted by Riverchase Shopping Center.
Meeting Date: 1/8/2013
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
12/21/2012 8:43:18 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
12/21/2012 8:43:20 AM
Approved By
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 12/21/2012 1:49:38 PM
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1/8/2013 Item 6.B.
RECEIVED
Request to Speak under Public Petition Office of the County Mnaoer
Please print DEC 2 0 2012
Name: 7h0fil 43 Gra-ha-Al Action
Address: 1q52. 6-of7Y)ic6rl 46,7e_
1)ame5 Flood a 3 '41 ID
Phone: 0131- 5'3A -- „/9
Date of the Board Meeting you wish to speak: 77/ZT2PICZaj ,71 0
Must circle yes or no:
Is this subject matter under litigation at this time? Yes
Is this subject matter an ongoing Code Enforcement case? Yes/0
Note: If either answer is "yes",the Board will hear the item but will have no
discussion regarding the item after it is presented.
Please explain in detail the reason you are requesting to speak (attach additional
page if necessary):
I wish to question the legitimacy of the approval by the Growth Management
Division of the Landscape Plan submitted by Riverchase Shopping Center as an
insubstantial change to the previously approved Site Development Plan 90-152.
The proposed landscape plan did not appear to have met the criteria established
for approval as an insubstantial change. It was not a "minor change"to
completely alter the landscape look and it required modification to the drainage.
Please explain in detail the action you are asking the Commission to take (attach
additional page if necessary): - -
I am requesting the Commission to review the permitting process in the
Riverchase Shopping Center application to resolve or rescind the Growth
Management Division approval and require the Shopping Center to restore the
landscaping so that it is compatible to the adjacent properties as is required by
the Landscaping and Maintenance Agreement (included) Furthermore to request
in the permitting process a review of the public record to determine it there are
any restrictions and or limitations which might be applicable to any approval of a „00.
proposed change.
CAD-anent and Sedingsth,aJzoirDesidornpubhc petainn.doc
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1 7 8 1 01) 0 1/8/2013 Item 6.B.
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-01 OZ
AGREEMENT ESTABLISHING LANDSCAPE EASEMENTS
AND MAINTENANCE STANDARDS
77<
AGREEMENT made and entered into as of the day of
December, 1992 , by and between COLLIER' S RESERVE ASSOCIATION,
rr)
ul
INC. , a Florida corporation not for profit (hereinafter "CRA" ) ;
RIVERCHASE OWNERS ' ASSOCIATION, INC. , a Florida corporation not
C4 L-3 for profit (hereinafter "Riverchase") ; COLLIER HEALTH PARK OWNERS'
az
ASSOCIATION, INC. , a Florida corporation not for profit
Cr)
Cr)
- (hereinafter "Health Park" ) and COLLIER DEVELOPMENT CORPORATION, a
Florida corporation (hereinafter "CDC") .
WHEREAS, CRA was formed for the purpose set forth in the
'Declaration of Protective Covenants for Collier ' s Reserve, a copy
of which is recorded in Official Records Book 1781 , Page)149-,213of
E the Public Records of Collier County, Florida (the "Reserve
C.C) LI-
--
CD Declaration" ) , and which encumbers the property described therein
(the "Reserve Property") ; and
WHEREAS, Riverchase was formed for the purposes set forth in
the Declaration of Protective Covenants for Riverchase Shopping
Center, a copy of which is recorded in Official Records Book 1581,
Page 1756 of the Public Records of Collier County, Florida (the
"Riverchase Declaration" ) , and which encumbers the property
described therein (the "Riverchase Property" ) ; and
Prepared by/Return to :
4363 Michael E. Botos , Esquire
Steel , Hector & Davis
1900 Phillips Point West
777 South Flagler Drive
West Palm Beach, Florida 33401-6198
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I/O/GV IJ ILCIII
1781 11 002 : 5
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WHEREAS, Health Park was formed for the purposes set forth in
the Declaration of Protective Covenants for Collier Health Park, a
copy of which is recorded in Official Records Book 1550, Page 1229
of the Public Records of Collier County, Florida (the "Health Park
Declaration" ) , and which encumbers the property described therein
(the "Health Park Property") ; and
WHEREAS, CDC owns and is in possession of the property
identified as Tracts "H" and "I" on the plat of Collier ' s Reserve
(hereinafter the "Plat of Collier ' s Reserve") , as recorded in Plat
Book 20 , Page 59 - 87 of the Public Records of Collier
County, Florida (the "CDC Property") ; and
WHEREAS, CRA, Riverchase, Health Park and CDC (each of which
'`may hereinafter be individually referred to as a "Party" and
' collectively as the "Parties" ) have certain common interests in .
connection with the Reserve Property, the Riverchase Property, the
Health Park Property and the CDC Property (collectively the
"Properties" or individually a "Party' s Property") ; and
WHEREAS, the Parties wish to enter into this Agreement for the
purposes of defining certain agreements and obligations, each to
the other, establishing easements , maintenance obligations and
cost sharing.
NOW, THEREFORE, for and in consideration of the mutual
covenants contained herein, ten ($10 . 00) dollars paid by each of
the Parties to the other, and other good and valuable
considerations, the receipt and sufficiency of which are hereby
acknowledged by each of the Parties, CRA, Riverchase, Health Park
and CDC covenant and agree as follows:
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1. The foregoing recitals are true and correct and
incorporated herein by reference.
2 . The Parties agree that it is in their best interest
to maintain the aesthetic standards and compatibility of each of
the Properties . In furtherance of their intent to protect and
preserve the value of each Party' s Property, the Parties
collectively hereby agree that the Properties shall be subjected
to the easements, covenants and conditions contained herein.
3 . CRA, Riverchase, Health Park and CDC shall , during
the term of this Agreement, install and maintain in a continuously
good and attractive condition the landscape shown on the
landscaping plan submitted or to be submitted with each site plan
- approved by Collier County for the improvement of any site within
each Party' s respective Property, as such approved landscape plan
may be amended from time to time, such maintenance to include the
removal and replacement of any dead plant material , and to provide
such irrigation as may be reasonably necessary in order to
preserve and maintain the approved landscape in accordance with
the standards established herein.
4 . CRA, Riverchase, Health Park and CDC further agree
as follows :
(a) Riverchase hereby authorizes CRA to install
berms, fencing, walls, or additional plant material and
irrigation, and to maintain such improvements within the easement
located upon the Riverchase Property and identified in Exhibit A
attached hereto (the "Riverchase Landscape Easement") . Such
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installation shall only be performed with Riverchase' s prior
approval, which approval shall not be unreasonably withheld.
Riverchase hereby grants and conveys to CRA a maintenance and
access easement over and across the Riverchase Property to enter
upon the Riverchase Landscape Easement at all reasonable times to
install and replace the CRA improvements permitted thereon and
therein, including plant material and other landscape components ,
and to maintain the same in a continuously good and attractive
condition.
The obligation of CRA to maintain all landscape within
the Riverchase Landscape Easement shall become the obligation of
CRA on and after the date this Agreement is fully executed. The
`cost of such maintenance shall be shared between Riverchase and
CRA in accordance with the provisions set forth in the following
paragraph.
Riverchase shall pay to CRA an annual maintenance
contribution of $1, 600 . 00 (the "Riverchase Contribution" ) to
reimburse CRA for performing what would otherwise be Riverchase' s
maintenance obligations within the Riverchase Landscape Easement .
Thereafter, the annual Riverchase Contribution shall be adjusted
upward in accordance with CPI (as hereinafter defined) . The first
Riverchase Contribution shall be due February 1, 1993 and on the
first day of February of each succeeding year.
(b) The lake located upon the Reserve Property and
identified as Lake No. 0-6 on the Master Plan of Collier' s Reserve
("Lake 0-6" ) shall be, until other wise notified by CRA, the
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maintenance obligation of Health Park. Health Park shall have, to
the extent permitted by applicable governmental approval or
regulation, the right to continue to irrigate portions of the
Health Park Property from Lake 0-6 in accordance with its current
irrigation practices . CRA retains, at all times, the right to
regulate Health Park' s irrigation from Lake 0-6 in order to
maintain sound water conservation practices within the Reserve
Property.
(c) CDC hereby grants - CRA the following easements
over and across the CDC Property (the "CDC Landscape Easements" )
to install additional plant material, berms, fencing, walls
(provided the same do not materially impair traffic visibility) or
a lighted entrance feature or sign for the Reserve Property,
.including related utility lines , and to install new irrigation or
extend the existing system: (i) a fifty (50) foot easement upon
Tract H, contiguous and parallel to the common boundary between
Tract H and Tract R; (ii) a fifteen (15) foot easement located
upon Tract H contiguous and parallel to the northerly boundary of
Tract H and the abutting southerly boundary of Tract R; and ( iii)
within fifteen (15) feet of the northerly boundary of Tract I .
The installations permitted herein shall only be with CDC' s prior
written approval, which approval shall not be unreasonably
withheld. CDC hereby grants a maintenance and access easement to
CRA over and across the CDC Property to enter upon the CDC
Landscape Easement at all reasonable times to install the
improvements permitted thereon, including additional landscape
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material, and to maintain the same in a continuously good and
attractive condition. Prior to the development of the CDC
Property, CDC shall keep the entire CDC Property in a clean and
sanitary condition and no rubbish, refuse or garbage shall be
allowed to accumulate or any fire hazard allowed to " exist within
or upon the CDC Property.
The obligation to maintain all landscape within one or
more of the CDC Landscape Easements shall become the obligation of
CRA on and after such date that CRA shall commence to furnish
additional improvements to such area, provided, however, at any
time following the execution of this Agreement and prior to CRA' s
mandatory obligation to maintain all of the landscape within one
. ' or more of the CDC Landscape Easements pursuant to the preceding
paragraph, CRA may notify CDC that CRA has elected to maintain the
landscape within one or more of the CDC Landscape Easements,
regardless of whether CRA has exercised its right to provide the
improvements permitted by the provisions of this paragraph 4 (c)
within. such easement . CRA' s mandatory obligation to assume the
maintenance responsibility for an easement shall extend only to
those areas within the CDC Landscape Easements to which CRA has
made the improvements permitted by the provisions of this
paragraph 4 (c) .
Except for irrigation, the cost of such maintenance shall
be shared between CDC and CRA in accordance with the provisions
set forth in the following paragraph. All irrigation shall be at
CDC' s expense . It is further understood by CDC that CRA may wish
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to maintain one or more of the CDC Landscape Easements in a manner
compatible with the maintenance standards of the CRA Property, and
CDC consents to such maintenance on the condition that CDC is not
required to contribute to the additional costs associated with
such increased maintenance standards . Upon CRA notifying CDC of
CRA' s election to exercise its right to maintain the landscape
within one or more of the CDC Landscape Easements , CDC and CRA
shall agree upon an annual maintenance contribution by CDC to CRA
(the "CDC Contribution" ) to reimburse CRA for performing what
would otherwise be CDC' s maintenance obligations within such
easement as determined by competitive bids . Thereafter, the
annual CDC Contribution shall be adjusted upward in accordance
with CPI .
5 . CRA, Riverchase, Health Park and CDC jointly
acknowledge and agree that each of their respective Properties
would benefit from a common maintenance program for those areas of
their Properties which front Immokalee Road (SR896) or SR41. In
order to accomplish a common degree of high maintenance, the
Parties hereby declare the area starting from the northerly edge
of the pavement for I < <okalee Road and extending 30 feet north of
the northerly right of way line of Immokalee Road, and the area
from the easterly edge of the paving for SR 41 and extending 30
feet east of the easterly right of way line of SR 41 as a common
landscape maintenance area (the "Frontage Landscape Area" ) . All
capital cost of installation of landscaping and irrigation shall
be the expense of CRA, Riverchase, Health Park and CDC as to their
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respective Properties . Thereafter, CRA shall maintain, or cause
to be maintained, the Frontage Landscape Area consistent with the
maintenance standards set forth in the schedule attached hereto as
Exhibit B. CRA shall be reimbursed by Riverchase, Health Park and
CDC for such maintenance expenses, at cost , such reimbursement to
be pro rata on the basis of square footage of each Party' s
Property within the Frontage Landscape Area . CRA is hereby
granted an easement over and across each of the Properties within
the Frontage Landscape Area in order to carry out the maintenance
required hereunder. Each Party shall be required to maintain the
irrigation system for its own Property within the Frontage
Landscape Area .
CRA may withdraw from coordinating the common maintenance of
the Frontage Landscape Area at any time, however, such withdrawal
by CRA shall not limit, alter or in any way lessen each Party's
obligation to maintain that portion of their Property within the
Frontage Landscape Area consistent with the maintenance standards
set forth in Exhibit B in order to maintain the continuity of
attractive maintenance of properties within the Frontage Landscape
Area .
6 . Should a Party other than CRA fail to maintain its
property in accordance with the standards by this Agreement, and
such failure to maintain continues for fifteen (15) days after
written notice thereof from the Board of Directors of CRA, then
CRA or its authorized agents shall have the right (but not the
obligation) at any time and from time to time, without any
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liability to such defaulting Party for trespass or otherwise, to
enter into the defaulting Party' s Property to affect such
maintenance and repair as shall be necessary to bring the same
into compliance with the maintenance standards established by this
Agreement . The Parties responsible for the failure to maintain
one or more of the Properties shall reimburse CRA for all expenses
incurred in connection with the enforcement of such maintenance
standards , together with interest thereof at the lesser of sixteen
(16%) percent per annum or the maximum rate permitted by the usury
. laws of the State of Florida, which charges shall become a lien on
the defaulting Party' s Property, and shall have priority and be
effective upon the recording of a claim of lien in the Public
,Records of Collier County, setting forth the services performed
.and the amount due from the defaulting Party. Upon filing of a
claim of lien, a copy shall be sent to the defaulting Party, and,
if not paid within fifteen ( 15) days of delivery, the claim of
Tien may be foreclosed in the same manner as a mortgage. The
'claim of lien shall also secure costs and a reasonable attorneys
fee incurred by CRA in the filing of such claim of lien and the
collection of all sums due thereunder, whether or not suit shall
be filed in connection therewith.
7 . Should CRA fail to maintain the Reserve Property, or
•
any other area which it has agreed to maintain in accordance with
the standards by this Agreement , and such failure to maintain
continues for fifteen (15) days after written notice thereof from
Riverchase, Health Park or CDC, then Riverchase, Health Park or
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CDC or their authorized agents shall have the right (but not the
obligation) at any time and from time to time, without any
liability to CRA for trespass or otherwise, to enter into the
Reserve Property to affect such maintenance and repair as shall be
necessary to bring the same into compliance with the maintenance
standards established by this Agreement . CRA shall reimburse the
Party preferring such maintenance work for all expenses incurred
in connection with the enforcement of such maintenance standards ,
together with interest thereof at the lesser of eighteen (18%)
percent per annum or the maximum rate permitted by the usury laws
of the State of Florida, which charges shall become a lien on the
Reserve Property, and shall have priority and be effective upon
' the recording of a claim of lien in the Public Records of Collier
County, setting forth the services performed and the amount due
from CRA. Upon filing of a claim of lien, a copy shall be sent to
CRA, and, if not paid within fifteen (15) days of delivery, the
claim of lien may be foreclosed in the same manner as a mortgage.
The claim of lien shall also secure costs and a reasonable
attorneys fee incurred by the Party to which such payment is due
in the filing of such claim of lien and the collection of all sums
due thereunder, whether or not suit shall be filed in connection
therewith.
8 . This Agreement contains all of the various
agreements between the Parties as to the matters set forth
herein. There shall be no amendments to this Agreement, except in
writing, signed by all Parties .
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9 . This Agreement shall be binding upon the Parties,-
their successors and assigns, and the owners of the Properties,
their successors and assigns. The maintenance obligations
required of each of the Parties herein may be performed by a
designee of a Party.
10 . This Agreement shall be governed by the laws of the
State of Florida .
11. This Agreement shall be effective upon recording in
the Public Records of Collier County, Florida, and shall have a
term of twenty-five (25) years , following which this Agreement
shall be automatically renewed for successive terms of ten (10)
years unless all of the Parties, including the owners who have
joined in the execution of this Agreement, have agreed to the
.termination of this Agreement by writing in recordable form.
12 . In the event of any litigation regarding the breach
or enforcement of this Agreement, the prevailing party or parties
shall be entitled to an award of cost and attorneys fees ,
including attorneys fees on appeal .
13 . Notices to the Parties shall be deemed delivered:
(a) when hand delivered, or (b) one (1) business day following
delivery to an express delivery courier such as Federal Express
for overnight delivery, or (c) three (3) days following deposit in
the U. S. Mail , Certified, Return Receipt Requested.
Notices to CRA shall be given to the following address :
3003 Tamiami Trail North
Naples, Florida 33940
Attention: Residential Real Estate Division
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Notices to Health Park shall be given to the following address :
3003 Tamiami Trail North
Naples, Florida 33940
Attention: Commercial Real Estate Division
Notices to Riverchase shall be given to the following address :
3003 Tamiami Trail North
Naples, Florida 33940
Attention: Commercial Real Estate Division
Notices to CDC shall be given to the following address :
3003 Tamiami Trail North
Naples, Florida 33940
Attention: Commercial Real Estate Division
The address for any Party may only be changed by notice given to
each of the other Parties in accordance with the notice provisions
contained herein.
14 . On each anniversary of the date upon which CRA has
assumed the obligation for landscape maintenance within the
Riverchase Landscape Easement, the Health Park Landscape Easement
or the CDC Landscape Easements (in each case a "Commencement
Date" ) , the amount of the annual Riverchase, Health Park and CDC
Contributions to CRA shall be increased by the same percentage as
the percentage of increase in the Consumer Price Index (CPI) for
the twelve (12) month period ending June 30 , or December 31,
whichever date immediately precedes the anniversary of the
Commencement Date. (e. g . : if the Commencement Date anniversary is
March 1, the CPI will be calculated based on the prior 12 month
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period ending December 31 . If the Commencement Date anniversary
is September 1, the CPI will be calculated based on the prior 12
month period ending June 30) . The category titled: Urban Wage
Earners and Clerical Workers, U. S. City Average (1982-84=100)
within the table "All Items" as issued by the U.S. Department of
Labor, Bureau of Labor Statistics, will be the basis for
determining the percentage of increase in the PI . In the event of
any dispute regarding a Party' s obligation to pay a maintenance
charge, as a condition to the contesting Party' s right to demand
arbitration of such dispute in accordance with the following
paragraph, the contesting Party shall first pay, in full, the
contested charge . Such payment may be made under protest, and
shall not impair the contesting Party' s right to a refund of any
" or all of such payment which may be required by the decision of
the arbitrators.
15 . Each of the Parties hereby agrees that in the event
of any dispute regarding the interpretation of this Agreement or
the rights, liabilities or obligations of each of the Parties
hereto, other than the enforcement of lien rights, the Parties
agree to resolve such dispute by binding arbitration. Each of the
Parties to the dispute shall select an individual, certified as a
landscape architect and practicing within Collier, Lee or Hendry
Counties, to act as an arbitrator. The selection of an arbitrator
shall be made by each of the Parties within ten (10) days of the
notice of demand to arbitrate by any or one of the Parties to a
dispute. Notice of arbitration shall be given to all Parties to
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this Agreement. In the event the number of the Parties to the
dispute is an even number, the arbitrator selected by the Parties
in dispute shall, within ten (10) days of the last of them to be
appointed, select a third arbitrator mutually agreeable to them.
In the event they are unable to select such an arbitrator or if
the ten (10) day period has expired, a judge of the Circuit Court
in and for Collier County, Florida acting in a non judicial
capacity, shall be requested to select the additional arbitrator .
The arbitrators shall hear the controversy and the decision of the
majority of arbitrators shall be binding on all Parties . The fees
of the arbitrators shall be paid by the non prevailing party to
the arbitration. The arbitrators in their decision shall
designate a non prevailing party or parties . In the event any
arbitrator should become unable or unwilling to serve, a
substitute arbitrator shall be appointed by the Party originally '°.5."
selecting the arbitrator . The provisions of this paragraph 15
shall be fully enforceable by a court of competent jurisdiction,
including the decision of the majority of arbitrators made in
accordance herewith.
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IN WITNESS WHEREOF, the Parties have set their hands and seals
the date first written above.
Signed, sealed and delivered
in the presence of: COLLIER' S RESERVE ASSOCIATION,
INC. , a Florida corporation not
for profit
, /`.% . .�- -'-"..•__— By:\ V r ■
L
.,Witness .. Printed ame: - S \•'C- \ 3i1 4�
'�/i ' L /: G��-.47 >'x� Its : -e S\CJ C_ti 6' " y�
�- Printed Name of Witness ct-
f - `J-
Witness
Printed Name of Witness ..
RIVERCHASE OWNERS' ASSOCIATION,
INC.', a Florida corporation not
for profit
Vw36-'40 ,/thg \lij q(TiN
Witness , Printed Na e: LrswS.I�&✓I
) _ Its : Vice- rre5 1 (Wit'
{-t ‘G.. • RAJ( L \\�\.( i\oD(LA-m
Printed Name of Witness 4(\DN + %ve,'.
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.vWi t n e s s, -.;,
Printed Name of Witness �, • `�
9c :
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COLLIER HEALTH PARK ' OWNERS'
ASSOCIATION, INC. , a ' Florida
corpo ion n t for profit'`
V v 4 4 t1P od_: \:%`ANN c ,1.
�"' By: —
a
V) t s Printed Nape: Lts�-S f f
ISM ji I J)y vA -\0� ` f�0 Its: Vtct,Pros1d&-ri-
Printed Name of Witness
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.Witnes's
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Printed Name of Witness 4-4/
V. •, :...7 . �
[signatures continue on following page] . n
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COLLIER DEVELOPMENT CORPORATION,
a Florida corporation
By:
Wit ss Printed Name: 41b
\,RO„,, ,Nr..\ Its :\■CA-z_ • ES1
Printed Name of Witness
Witness -
Printed Name of Witness
t
STATE OF FLORIDA
COUNTY OF COLLIER
The fore71‘&71‘&1..ing instrument was ac nowledged before me this r '
day of - 7 , , 1992 by v E,1 \11 C'C QJ
the i 2. 1r `o.PCt�'' of COLLIER �
'S RESERVE
ASSOCIATION, INC. , a Florida c poration not for profit, on behalf
of the corporation. He is [ ] personally known to me
p. d - - - - . ' on and did not
take an oath.
7/
Notary Pus -
Type/Print Name: 7/7"c' -
• (SEAL) Commission Number : � _O �F/5'/
Commission Expires : ,4' r 174 /99.5
STATE OF FLORIDA
COUNTY OF COLLIER
rh
The foregoing tgstrument was acknowi, dged b ore e ithis
day off `. C' Etr� �-t L , 1992 by ( �r -2&. CZ:cLA
the V/C6 /✓cc.+�r gi1 f RIVERCHASE OWNERS '
ASSOCIATION, INC. , a Florida corporation not for profit, on behalf
of the corporation. ,SHe is [ 1,1 personally known to me •eT—[ 3 Ta-s-
s�zzced- am t-ifrcaliuir and did not
take an oath.
61-0�C4e L-7t O` • C it eiC GL
Notary Public '
SANDRA 1.G;SC
ccJissic,s cj-srC6 on^.s Type/Print Name : RASD
c /L2GC
(u */ :;1;;zy2, Commission Number : dralinaraltil
cas .nTAU AJYFAN; Sth:.S, Commission Expires : '•
SANDRA L. GARCIA
[acknowledgements continue on following pagekotary Public
CC 179106
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4363 . 006a
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I ` " 1/8/2013 Item 6.B.
OR BOOK
STATE OF FLORIDA
COUNTY OF COLLIER
The for-going i s rument was acknowle ed. before me hi r7
day o lt' .e* L t& 1992 by .-c mil•( �- Cu-c4'
the / K�'t.. . AZ c-- of CO ' IER HEALTH P RK OWNERS'
ASSOCIATION, INC. , a Florida corporation not for profit, on behalf
of the corporation. . He is [ 2ersonally known to me Q.r-4. -; has
-I-=4-_ +-�' F-�-e a t i on and did not
take an oath. •
)a-L cd Q !f Lk-C-at. GC
<
saht�RAL.BARCL4 Notary Public i /
.:; MY CM1 MIssiON CC 1791x3 EX :s Type/Print Name: ( /-_- O
(S <c Msrzh2.??95 Commission Number: .. / 'ARV
Cxxo TAU Tar FAX tksc n+: .Dx. Commission Expires : c-L. • r
SANDRA L. GARCIA
STATE OF FLORIDA Notary Public
CC 17906
COUNTY OF COLLIER
The„„f�oregoing instrument was ack owledged befo me this
day .of , 1992 by \.\C-'_c- ' c),-k <.
the ),U ,c('D of COLLIER DEVELOPMENT
CORPORATION, ay,lorida corporation, on behalf of the corporation..
He is [\, personally known to me or s
, pr.odThcer3 as ide of icat ' on a d did not
take an oath.
Notary Public
• Type/Print Name: /V7/ ,e e—z- �o 5
(SEAL) Commission Number : ( e6
Commission Expires: /yi j /9 9-1-
•
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1/8/2013 Item 6.B.
I
EXHIBIT " A"
SKETCH 4F o
RIVERCHASE LANDSCAPE EASEMENT o;,
N
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EN _
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RI VERCNASE
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--LAND'CAPE
////[) _1 I EASEMENT
//1///p - ` OUTLINE AT
/////,//L CONTROL ELEVATION
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•
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7 8 1 1/8/2013 Item 6.B.
OR BOOK PAGE
EXHIBIT B
Standards for Street Maintenance
1 . The landscape maintenance quality shall be consistent with
that of other superior quality/retail/commercial. complexes ,
such as 3rd Street .
2 . A 2" layer of mulch of the same type shall be maintained
year-round.
3 . All turf , shrubs and trees shall be fertilized three times a
year :
4 . Edging shall be completed with each mowing.
5 . Turf shall be mowed on a regular basis, so the grass height
does not exceed 4-6" .
6 . Street and storm water drainage cleaning as needed, at least
once a month.
7 . Signs shall be maintained in a quality condition and neat and
clean at all times .
4363 . 006a
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1 7 8 1 1/8/2013 Item 6.B.
OR BOOK FAtit
JOINDER AND CONSENT
Collier ' s Reserve Country Club, Inc. , a Florida corporation,
the owner of a portion of the real property described as the
Reserve Property in the Agreement Establishing Landscape Easements
and Maintenance Standards to which this Joinder and Consent is
attached, hereby joins in, consents to and subjects that portion
of the Reserve Property owned by Collier ' s Reserve Country Club,
Inc . to the terms and conditions of the Agreement Establishing
Landscape Easements and Maintenance Standards as a covenant
running with the land effective this date.
COLLIER' S RESERVE COUNTRY CLUB;.
INC. , a Florida corporation
By:
Printed
Name : \��i- C N ••ca■ ? ?
Date: t N.E. \•. - • •?W-
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was ackno leed before this 11"x".
day o,f ,.ci)L oXY\\10JC , 1992 by E' r- '\ 2,1 :q �11'•e
the !�? �? Loe '��i of Collier ' s Reserve Country Club,
Inc . , a Florida corporation, on behalf of the corporation. He is
[ 174- personally known to me or
pr- a.c , den -f---icat-' n and did not
take an oath.
/
/( /c_./
Not y Pu lic-
'IType/Print Name: /)// .ft e s
(SEAL) Commission Number : dee
Commission Expires : /2T 4/ /9.9--g-
4363 . 006a
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1/8/2013 Item 6.B.
OF BOOK 1'A VC
JOINDER AND CONSENT
Collier ' s Reserve, Ltd. , a Florida limited partnership, the
owner of a portion of the real property 'described as the Reserve
Property in the Agreement Establishing Landscape Easements and
Maintenance Standards to which this Joinder and Consent is
attached, hereby joins in, consents to and subjects that portion
of the Reserve Property owned by Collier ' s Reserve, Ltd. to the
terms and conditions of the Agreement Establishing Landscape
Easements and Maintenance Standards as a covenant running with the
land effective this date.
•
COLLIER' S RESERVE, LTD. , a
Florida limited partnership
By: COLLIER MANAGEMENT SERVICES, •
INC. , a Florida corporation,
general partner
• by. _ �--
Printed \;�C,�
Name: iCLi7111`
Date :
STATE OF FLORIDA
1
COUNTY OF C o_(
The foregoing instrument was acknowledged before me this \ `
day\o\f \rPti 112.<' , 1992 by .,)P �t
Q� 2 KA .
the V \ {' - iv- of Collier Ma agement Services ,
Inc . , a Florida corporation, general partner of Collier ' s Reserve,
Ltd. , a Florida limit partnership, on behalf of the
partnership. He is [ personally known to me or
pyaduced - - • : - - ' . - on and did not
take an oath. /
No,t'ar Pu lic
Type/Print ame:/2Ite°ife- i�s
(SEAL) Commission Number : G,��/ 9/
Commission Expires : . ,11*-7 /S f
4363 .006a
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J ; BOOK PAGE
JOINDER AND CONSENT
Riverchase, Ltd. , a Florida limited partnership, the owner of
a leasehold estate pursuant to that certain Ground Lease recorded
in Official Records Book 1610 Page 1361 , of the Public Records
of Collier County, Florida, together with the improvements located
thereon, and described as the Riverchase Property in the Agreement
Establishing Landscape Easements and Maintenance Standards to
which this Joinder and Consent is attached, hereby joins in,
consents to and subjects that portion of the Riverchase Property
owned by Riverchase, Ltd. to the terms and conditions of the
Agreement Establishing Landscape Easements and Maintenance.
Standards as a covenant running with the land effective this date.
RIVERCHASE, LTD. , a Florida
limited partnership
By: COLLIER MANAGEMENT SERVICES.,
INC. , a Florida corporation,
general partner
by ----
Printed V k _ Z2S‘.c ,f "v
Name:-52e(.257-<2 -e.--t M . ,-\•?__, --
:7)7--C C I-J. 7'4,....0 1.7-. 1Q4-1:-
STATE OF FLORIDA
rA COUNTY OF 1;;1 A,1 r--
'-lv
The,_ foregoing instrument was acknowledged before rw this t1"t
day o Qi.e.`i-,rA-v).(- , 1992 by ,) (2A 1 LA. - i Y( ,
the \.) ';LL O- l?c,ti"101At r- of Collier Management Services , Inc . ,
a Florida corporation, general partner of Riverchase, Ltd. , a
Florid limited partnership, on behalf of the partnership. He is
A/4-----a
personally known to me a.�---z 1 h-as
as ident-i-fica . • : • did not
take. an oath.
. Nota u�bl c
TyPrint ame: r9/CAA z5.-L'S
(SEAL) Commission Number : il', ,7/ y/
Commission Expires : /?74, 54 /f96--
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1 7 8 1 ? 0 2 1/8/2013 Item 6.B.
O BOOK PAGE
JOINDER AND CONSENT
Collier Health Park, Ltd. , a Florida limited,,,R artnership, the
i`he
holder of a leasehold estate pursuant to a/ i ease recorded
in ORB 1759 , Page 966 of the Public Records of Collier County,
Florida, and the improvements located thereon, and described as
the Health Park Property in the Agreement Establishing Landscape
Easements and Maintenance Standards to which this Joinder. and
Consent is attached, hereby joins in, consents to and subjects
that portion of the Health Park Property owned by Collier Health
Park, Ltd. to the terms and conditions of the Agreement
Establishing Landscape Easements and Maintenance Standards as a
covenant running with the land effective this date.
COLLIER HEALTH PARK, LTD.
By: COLLIER MANAGEMENT SERVICES,
INC. , a Florida corporation, •
general partner
by:
Printed V'
Name: ''1C "~ �Ly
Date : \C-{C{-2._
STATE OF FLORIDA
COUNTY OF
The foregoin instrument was acknoledged before me T'
this
day of 1��Px - & V , 1992 by P e..•._A
the k LC= l�`�1 >.`, + L �t of Collier Management Services ,
Inc. , a Florida corporation, general partner of Coll ' r Health
Park, Ltd. on behalf of the corporation. He is [ personally
known to me or [ ] has produced
as identification and did not take an oath.
Nota}
Type/Print Name :/ / 'A9 -
(SEAL) Commission Number: C'..C'd9,p/ 9/
Commission Expires : , i
and Vitt
4363 . 006a ,nonK+ F.or FLcR+DX
00 WE � tts CLERK
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•
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1/8/2013 Item 6.B.
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me on the. ,./"'day of January,
1999,by JEFFREY M.BIRR.,as Vice President of COLLIER MANAGEMENT SERVICES,
INC., a florida corporation,on behalf of the corporation, as general partner of COLLIER'S
RESERVE, LTD., a Florida limited partnership. He is personally know to me.
Notary Public
k, _ tk-1
Printed Name
My Commission Expires:_tc1'. /6, 24)0a
.bt �11a� lip, ..
•
�_``G/ Deborah A Brown
* +/ * My Commies on CC594O50
< Expires Oct.16.2000
•
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1/8/2013 Item 6.B.
Plant Material Cold
Tolerance
and
Native Planting Map
,.--P NICKA ; INLAND ZONE
I 1 MID ZONE
cPrsss ' COASTAL ZONE
T{alrif=L,
MOW
E '�
`
Co—flwr County
25 5 Sff
it 4
Figure 4.06.05 D.
2.
Trees and palms. All required new individual trees, shall be species having
an average mature spread or crown of greater than 20 feet in the Collier
• -County area and having trunk(s)which can be maintained in a clean
condition over five feet of clear wood.Trees adjacent to walkways, bike
paths and rights-of-way shall be maintained in a clean condition over eight
feet of clear wood.Trees having an average mature spread or crown less
than 20 feet may be substituted by grouping the same so as to create the
equivalent of 20-foot crown spread.For code-required trees, the trees at the
time of installation shall be a minimum of 25 gallon,ten feet in height, have a
• 1%-inch caliper(at 12 inches above the ground)and a four-foot spread.
a.
A grouping of three palm trees will be the equivalent of one canopy
tree. Exceptions will be made for Roystonea spp. and Phoenix spp.
(not including roebelenii)which shall count one palm for one canopy
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