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Agenda 01/24/2012 Item #16A11112412012 Item 16.A.11. mcVTLVE SUMMARY Recatamendation to enter into three Landscape Maintenance Agreements with condomluiu n asso"ons to ensure that the maintenance pathway along the Naples Manor North CwW is wobstruet4 by requiring per[Wk ice of hedges that will be plaaW for the purpme of replacing the exbft ;lasdcape buffer ahg their southerly bamdaries that will be dwftg construction of iznprov+easents to the ca=L 'The proposed improvements to the Naps Manor North Canal is one of the many "sub- projects" which together comprise the Lely Am StarnNrater h"Prov Project $1101 OASIP). (Fiscal Impact $132) OBJE-CM: : To wide a replac nent buffer for the condominium residents that will lose their existing vegetative buffer as a result of the County's reconstruction of the Naples Manor North Canal project, and to ensure that the condominium associations will undertake maintenance of the hedge into perpetuity such that the County's maintenance pathway along the canal will remain unobstructed. ERATLM: The Abbington Village Condominiums, Four Fountains Condominiums and the ` Bradstrom Condominiums are located along the northern boundary of a drainaW easement dedicated to the perpetual use of the public in the plats of Lely Golf Estates St. Andrews West and Lely Golf Estates St. Andrews East in September 1972 and January 1973, respectively. Over the years, many trees and much vegetation has grown in the easement and has n provided the condominium residents with a visual buffer that will be wiped out in its entirety as a result of the widening of the Naples Manor North Canal and the construction of ,a maintenance Pathway along the northern bank of the canal in the easement dedicated by plat, /'1 The LAST project plans have been modified to include the planting of a hedge that, once established, will eventually replace the lost visual buffer. The Landscape Maintenance Agreements that are .being brought to the Board for approval and execution will provide for maintenance of the hedge along the canal such that the canal's maintenance. pathway will r=ain unobstructed F_AL, affA6C_I: Funds in the amount of S 132.00 are needed to record the Landscape Maintenance Ap rnew. Any additional cost related to this agreement will be included on a future construction agreement Funding is available in the Stormwater Capital Improvement Fund 325 in the LASIP project # 51101. Source of funds are ad valorem. �''1_„ M&X&GIh= FACT: There is no Growth Management Impact associated with the approval of this executive summary or the entry into the proposed Landscape Maintenance Agreements. LEGAL- W.MJWRA LQ_M: This item is legally sufficient for Board. action and requires a majority vote for Board approval. — JW Packet Page -1464- 1/24/2012 Item 16.A.11. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the entry into all three (3) Landscape Maintenance Agreements (with Abbington Village Condominium Association, with Four Fountains Condominium Association, and with Bradst om. Condominium Association; 2. Authorize its Chairman to execute all three agreements on behalf of the Board once each one has been executed by the duly authorized representative of the respective condominium associations and reviewed and approved as to form and legal sufficiency by the County Attorney, and 3. Authorize the County Manager or his designee to record each of the Landscape Maintenance Agreements in the public records of Collier County, Florida Prepared by: Kevin Hendricks, Right -of -Way Acquisition Manager, Growth Management Division Attachments: (1) Landscape Maintenance Agreement between Abbington Village Condominium Association and Collier County, not-yet-executed by the Association; (2) Landscape Maintenance Agreement between Four Fountains Condominium Association and Collier County, not-yet-executed by the Association (3) Landscape Maintenance Agreement between Bradstrom Village Condominium Association and Collier County, not - yet - executed by the Association (4) Plat Book 10, Page 93 — Lely Golf Estates St. Andres West (5) Plat Book 10, Page 98 — Lely Golf Estates St. Andres East (6) Condominium Hedge Exhibit Packet Page -1465- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.11. 1/24/2012 Item 16.A.11. Item Summary: Recommendation to enter into three Landscape Maintenance Agreements with condominium associations to ensure that the maintenance pathway along the Naples Manor North Canal is unobstructed, by requiring periodic maintenance of hedges that will be planted for the purpose of replacing the existing landscape buffer along their southerly boundaries that will be lost during construction of improvements to the canal. The proposed improvements to the Naples Manor North Canal is one of the many "sub- projects" which together comprise the Lely Area Stormwater Improvement Project 51101 (LASIP). (Fiscal Impact $132) Meeting Date: 1/24/2012 Prepared By Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering 1/11/2012 10:04:16 AM Submitted by Title: Manager - Right of Way,Transportation Engineering Name: HendricksKevin 1/11/2012 10:04:17 AM Approved By Name: CoxShane Title: Project Manager, Senior,Transportation Engineering Date: 1/11/2012 5:22:58 PM Name: PutaansuuGary Title: Project Manager, Principal,Transportation Engineer Date: 1/12/2012 6:58:53 AM Name: TaylorLisa Title: Management /Budget Analyst,Transportation Administr Packet Page -1466- 1/24/2012 Item 16.A.11. Date: 1/12/2012 7:44:45 AM Name: LynchDiane Title: Administrative Assistant Date: 1/12/2012 10:24:33 AM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 1/12/2012 11:04:31 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/12/2012 11:40:37 AM Name: WrightJeff Title: Assistant County Attomey,County Attorney Date: 1/12/2012 2:06:50 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 1/12/2012 3:53:45 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 1/13/2012 4:52:05 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 1/17/2012 10:35:28 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/17/2012 1:20:59 PM Name: OchsLeo Title: County Manager Date: 1/17/2012 4:32:36 PM Packet Page -1467- 1/24/2012 Item 16.A.11. ^ LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this day of , 2011, by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "County "), and ABBINGTON VILLAGE CONDOMINIUM ASSOCIATION, INC. a Florida not - for - profit corporation, whose mailing address is c/o Guardian Property Management, 6704 Lone Oak Boulevard, Naples, Florida, 34109 (hereinafter referred to as "Association "). RECITALS: WHEREAS, County is the holder of that certain Drainage Easement located in Collier County, Florida, created and dedicated to the perpetual use of the public by the plat of Lely Golf Estates Tract Map, recorded in the public records of Collier County in Plat Book 8, Page 20, as later modified by the recording of the plat of Lely Golf Estates St. Andrews West in Plat Book 10, Page 93 of the public records of Collier County (hereinafter referred to as the "Drainage Easement "); and WHEREAS, County intends to utilize a large part of the above - referenced Drainage Easement to improve a segment of the Naples Manor North Canal as part of the Lely Area Stormwater Improvement Project; and WHEREAS, utilization of County's Drainage Easement for the construction of improvements to the Naples Manor North Canal will necessitate removal of the existing vegetation from the Drainage Easement, which vegetation has served as a visual buffer from the existing section of the Naples Manor North Canal located immediately to the south of Abbington Village; and WHEREAS, County, desires to restore for the Association a visual buffer from the Naples Manor North Canal within the northerly five (5) feet of the Drainage Easement (hereinafter referred to as the "Hedge ") after the existing vegetative buffer has been removed and the County's improvements are constructed; and WHEREAS, County desires to allow Association to choose from selected plant species for the Hedge; and WHEREAS, Association desires to assume all maintenance responsibilities for the Hedge after its installation. NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. ^ 1 of 5 Packet Page -1468- 1/24/2012 Item 16.A.11. 2. County at its sole cost and expense shall plant Sweet Viburnum within the northerly five (5) feet of the Drainage Easement, and shall have sole discretion in the manner of planting and the size of the Hedge plant material installed initially, except that the Hedge plants shall be 10 gallons in size at time of planting, spaced five feet on center, and County shall replace any Hedge plants which fail to survive for a period of one year from the date of their planting along the entire length of the drainage easement where it crosses the Association property. Should there be any conflict between the existing Royal Palm tree located approximately 30 feet west of Association's Building G and the County's proposed improvements, County, at its sole cost and expense, shall relocate the said tree to a new location in the same general area such that conflicts with County's proposed improvements are eliminated. 3. The Hedge shall be trimmed and maintained by the Association such that leaves and branches are confined within the northerly 5 feet of the Drainage Easement. Should Association fail to trim and maintain the Hedge in the manner specified above, County may provide notice to Association in writing, specifying the nature of the deficiency. Within ten (10) working days following receipt of such notice, Association at its sole cost shall cure the deficiency. In the event Association fails to cure the deficiency County may cure the deficiency, without the need for prior notice to the Association, and will promptly bill the Association for all actual costs incurred in curing the deficiency. The Association shall reimburse the County for such costs within thirty (30) days of receipt of the County's bill. n 4. Association shall indemnify and save harmless County, including all employees of County, from any claim of loss or damages, including attorneys' fees and costs of litigation, allegedly incurred or suffered as a result of the Association's use of the Drainage Easement for the purposes set forth in this Agreement. This indemnification shall extend to all individuals and entities employed by the Association for the purposes maintaining the Hedge. 5. The indemnity provided for by this Agreement will extend from the effective date of this Agreement until such time as the parties hereto acknowledge in writing that the Association has ceased to use the Drainage Easement for the purposes stated within this Agreement and this Agreement has been terminated. 6. County shall provide Association with thirty (30) calendar days written notice of County's intention to begin construction within the Drainage Easement. Whereupon Association shall promptly remove from the Drainage Easement any and all improvements which the Association desires to retain. Upon commencement of construction, any and all improvements located within the Drainage Easement shall be removed and disposed of by County's construction contractor with no liability therefore, except that the Royal Palm tree referenced in Paragraph 2 shall be relocated at the expense of County prior to commencement of construction. 2 of 5 Packet Page -1469- 1/24/2012 Item 16.A.11. 7. Unless terminated as set forth below, this Agreement shall remain in full force and effect in perpetuity from the date first set forth above, and shall be binding upon the parties and all their successors in interest. In the event this Agreement is terminated by the Association for whatever reason, then the Association shall be responsible for removal of the Hedge at its sole cost and expense. In the event this Agreement is terminated by County due to Association's failure to cure cited deficiencies, then upon written demand by County, the Association shall remove the Hedge at its sole cost and expense. 8. In the event either party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 9. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. A copy of the recorded Agreement will be provided to the Association. 10. This Agreement is the entire agreement between the parties, and supercedes all previous oral and written representations, agreements and understandings between the parties. This Agreement shall be governed by the laws of the State of Florida, and may not be altered or amended in any way, save by written agreement signed by both parties. 11. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. 12. Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or registered or certified mail, return receipt requested, postage prepaid or personal delivery addressed as follows: If to County: Attn: Jay Ahmad Director, Transportation Engineering & Construction Management 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239 - 252 -8192 Fax 239 -530 -6643 With a copy to: Jeffery A. Klatzkow County Attorney Office of the County Attorney Harmon Turner Building 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 Telephone 239- 774 -8400 Fax 239 - 774 -0225 3 of 5 Packet Page -1470- 1/24/2012 Item 16.A.11. If to Owner: Gary Hyrcych 252 Pebble Beach Circle Suite C -202 Naples, Florida 34113 Telephone: (239) 404 -0898 With a copy to: John Barrett Guardian Property Management 6704 Lone Oak Boulevard Naples, Florida 34109 Telephone (239) 514 -7432 Facsimile (239) 514 -7759 In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. As to County: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: Dwight E. Brock, Clerk FRED W. COYLE, Chairman As to Association: ABBINGTON VILLAGE CONDOMINIUM ASSOCIATION, INC., a Florida not - for - profit WITNESSES: corporation (Signature) By: (Signature) (Print full name) (Print full name) (Corporate Title) (Signature) (Print full name) 4of5 Packet Page -1471- 1/24/2012 Item 16.A.11. STATE OF FLORIDA COUNTY OF COLLIER THIS LANDSCAPE MAINTENANCE AGREEMENT was signed and acknowledged on this day of , 2011, before me, the undersigned notary public, by , as of Abbington Village Condominium Association, Inc., a Florida not - for - profit corporation, on behalf of the corporation, who: •R is personally known to me, produced as proof of identity. Notary Public (Signature) (SEAL) Approved as to Legal Form and Sufficiency: Jeff Wright Assistant County Attorney (Print full name) My Commission Expires: 5 of 5 Packet Page -1472- 1/24/2012 Item 16.A.11. LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this day of 2011, by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida whose mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as "County "), and FOUR FOUNTAINS, INC. a Florida not -for- profit corporation, whose mailing address is 41 Watercolor Way, Naples, Florida, 34113 (hereinafter referred to as "Association "). RECITALS: WHEREAS, County is the holder of that certain Drainage Easement located in Collier County, Florida, created and dedicated to the perpetual use of the public by the plat of Lely Golf Estates Tract Map, recorded in the public records of Collier County in Plat Book 8, Page 20, as later modified by the recording of the plat of Lely Golf Estates St. Andrews West in Plat Book 10, Page 93 of the public records of Collier County (hereinafter referred to as the "Drainage Easement "); and WHEREAS, County intends to utilize a large part of the above - referenced Drainage Easement to improve a segment of the Naples Manor North Canal as part of the Lely Area Stormwater Improvement Project; and WHEREAS, utilization of County's Drainage Easement for the construction of improvements to the Naples Manor North Canal will necessitate removal of the existing vegetation ^ from the Drainage Easement, which vegetation has served as a visual buffer from the existing section of the Naples Manor North Canal located immediately to the south of Four Fountains, Group One, Condominium; and WHEREAS, County, desires to restore for the Association a visual buffer from the Naples Manor North Canal within the northerly five (5) feet of the Drainage Easement (hereinafter referred to as the "Hedge ") after the existing vegetative buffer has been removed and the County's improvements are constructed; and WHEREAS, County desires to allow Association to choose from selected plant species for the Hedge; and WHEREAS, Association desires to assume all maintenance responsibilities for the Hedge after its installation. NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 1 of 5 Packet Page -1473- 1/24/2012 Item 16.A.11. 2. Association may select from the following species of plants for the installation of the Hedge: (a) Viburnum odoratissimum (Sweet Viburnum); (b) Clusia guttifera (Small leaved Clusia); or (c) Viburnum obovatum (Walter's Viburnum). 3. County shall plant the selected plant species within the northerly five (5) feet of the Drainage Easement, shall have sole discretion in the manner of planting and the size of the Hedge plant material installed initially, and shall replace any Hedge plants which fail to survive for a period of one year from the date of their planting. 4. The Hedge shall be trimmed and maintained by the Association such that leaves and branches are confined within the northerly 5 feet of the Drainage Easement. Should Association fail to trim maintain the Hedge in the manner specified above, County may provide notice to Association in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, Association at its sole cost shall cure the deficiency. In the event Association fails to cure the deficiency County may cure the deficiency, without the need for prior notice to the Association, and will promptly bill the Association for all actual costs incurred in curing the deficiency. The Association shall reimburse the County for such costs within thirty days of receipt of the County's bill. 5. Association shall indemnify and save harmless County, including all employees of County, from any claim of loss or damages, including attorneys' fees and costs of litigation, allegedly incurred or suffered as a result of the Association's use of the Drainage Easement for the purposes set forth in this Agreement. This indemnification shall extend not only to directors, members and unit owners of the Association and their invitees, but to agents and employees of the Association as well as all individuals and entities employed by the Association for the purposes of installing and maintaining the Improvements. 6. The indemnity provided for by this Agreement will extend from the effective date of this Agreement until such time as the parties hereto acknowledge in writing that the Association has ceased to use the Drainage Easement for the purposes stated within this Agreement and this Agreement has been terminated. 7. County shall provide Association with sixty (60) calendar days written notice of County's intention to begin construction within the Drainage Easement. Whereupon Association shall promptly remove from the Drainage Easement any and all improvements which the Association desires to retain. Upon commencement of construction, any and all improvements located within the Drainage Easement shall be removed and disposed of by County's construction contractor with no liability therefore. 8. Unless terminated as set forth below, this Agreement shall remain in full force and effect in perpetuity from the date first set forth above, and shall be binding upon the parties and all their successors in interest. In the event this Agreement is terminated by the Association for whatever reason, then the Association shall be responsible for removal of the improvements at its sole cost and expense. In the event this Agreement is terminated by County due to 2 of 5 Packet Page -1474- 1/24/2012 Item 16.A.11. Association's failure to cure cited deficiencies, then upon written demand by County, the Association shall remove the Improvements at its sole cost and expense. 9. In the event either party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 10. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. The Association shall pay all costs of recording this Agreement prior to the execution of this Agreement. A copy of the Recorded Agreement will be provided to the Association. 11. This Agreement is the entire agreement between the parties, and supercedes all previous oral and written representations, agreements and understandings between the parties. This Agreement shall be governed by the laws of the State of Florida, and may not be altered or amended in any way, save by written agreement signed by both parties. 12. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. 13. Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or registered or certified mail, return receipt requested, postage prepaid or personal delivery addressed as follows: If to County: Attn: Jay Ahmad Director, Transportation Engineering & Construction Management 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239 - 252 -8192 Fax 239 -530 -6643 With a copy to: Jeffery A. Klatzkow County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone 239 - 774 -8400 Fax 239 - 774 -0225 n 3 of 5 Packet Page -1475- 1/24/2012 Item 16.A.11. If to Owner: John Foley, as Registered Agent for the corporation 40 Watercolor Way Naples, Florida 34113 Telephone: In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. As to County: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: Dwight E. Brock, Clerk FRED W. COYLE, Chairman As to Association: FOUR FOUNTAINS, INC., a Florida not - for - profit WITNESSES: corporation (Signature) (Print full name) (Signature) (Print full name) By: (Signature) (Print full name) (Corporate Title) 4 of 5 Packet Page -1476- 1/24/2012 Item 16.A.11. STATE OF FLORIDA COUNTY OF COLLIER THIS LANDSCAPE MAINTENANCE AGREEMENT was signed and acknowledged on this day of , 2011, before me, the undersigned notary public, by , as of Four Fountains, Inc, a Florida not - for - profit corporation, on behalf of the corporation, who: •; is personally known to me, produced as proof of identity. (SEAL) Notary Public (Signature) Approved as to Legal Form and Sufficiency: Scott Teach Assistant County Attorney (Print full name) My Commission Expires: 5 of 5 Packet Page -1477- 1/24/2012 Item 16.A.11. LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this day of , 2011, by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "County "), and BRADSTROM VILLAGE CONDOMINIUM ASSOCIATION, INC. a Florida not - for - profit corporation, whose mailing address is 41 Watercolor Way, Naples, Florida, 34113 (hereinafter referred to as "Association "). RECITALS: WHEREAS, County is the holder of that certain Drainage Easement located in Collier County, Florida, created and dedicated to the perpetual use of the public by the plat of Lely Golf Estates Tract Map, recorded in the public records of Collier County in Plat Book 8, Page 20, as later modified by the recording of the plat of Lely Golf Estates St. Andrews East in Plat Book 10, Page 98 of the public records of Collier County (hereinafter referred to as the "Drainage Easement "); and WHEREAS, County intends to utilize a large part of the above - referenced Drainage Easement to improve a segment of the Naples Manor North Canal as part of the Lely Area Stormwater Improvement Project; and WHEREAS, utilization of County's Drainage Easement for the construction of improvements to the Naples Manor North Canal will necessitate removal of the existing vegetation from the Drainage Easement, which vegetation has served as a visual buffer from the existing section of the Naples Manor North Canal located immediately to the south of Bradstrom Village; and WHEREAS, County, desires to restore for the Association a visual buffer from the Naples Manor North Canal within the northerly five (5) feet of the Drainage Easement (hereinafter referred to as the "Hedge ") after the existing vegetative buffer has been removed and the County's improvements are constructed; and WHEREAS, County desires to allow Association to choose from selected plant species for the Hedge; and WHEREAS, Association desires to assume all maintenance responsibilities for the Hedge after its installation. NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1 of 5 Packet Page -1478- 1/24/2012 Item 16.A.11. 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Association may select from the following species of plants for the installation of the Hedge: (a) Viburnum odoratissimum (Sweet Viburnum); (b) Clusia guttifera (Small leaved Clusia); or (c) Viburnum obovatum (Walter's Viburnum). 3. County shall install the selected plant species within the northerly five (5) feet of the Drainage Easement. County shall have sole discretion in the manner of planting and the size of the Hedge plant material installed initially, and shall replace any Hedge plants which fail to survive for a period of one year from the date of their planting. 4. The Hedge shall be trimmed and maintained by the Association such that leaves and branches are confined within the northerly 5 feet of the Drainage Easement. Should Association fail to trim maintain the Hedge in the manner specified above, County may provide notice to Association in writing, specifying the nature of the deficiency. Within ten (10) working days following receipt of such notice, Association at its sole cost shall cure the deficiency. In the event Association fails to cure the deficiency County may cure the deficiency, without the need for prior notice to the Association, and will promptly bill the Association for all actual costs incurred in curing the deficiency. The Association shall reimburse the County for such costs within thirty (30) days of receipt of the County's bill. n 5. Association shall indemnify and save harmless County, including all employees of County, from any claim of loss or damages, including attorneys' fees and costs of litigation, allegedly incurred or suffered as a result of the Association's maintenance of the Hedge within the Drainage Easement. 6. The indemnity provided for by this Agreement will extend from the effective date of this Agreement until such time as the parties hereto acknowledge in writing that the Association has ceased to use the Drainage Easement for the purposes stated within this Agreement and this Agreement has been terminated. 7. County shall provide Association with thirty (30) calendar days written notice of County's intention to begin construction within the Drainage Easement. Whereupon Association shall promptly remove from the Drainage Easement any and all improvements which the Association desires to retain. Upon commencement of construction, any and all improvements located within the Drainage Easement shall be removed and disposed of by County's construction contractor with no liability therefore. 8. Unless terminated as set forth below, this Agreement shall remain in full force and effect in perpetuity from the date first set forth above, and shall be binding upon the parties and all their successors in interest. In the event this Agreement is terminated by the Association for whatever reason, then the Association shall be responsible for removal of the improvements 2 of 5 Packet Page -1479- 1/24/2012 Item 16.A.11. at its sole cost and expense. In the event this Agreement is terminated by County due to Association's failure to cure cited deficiencies, then upon written demand by County, the Association shall remove the Improvements at its sole cost and expense. 9. In the event either party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement, the prevailing parry shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 10. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. A copy of the Recorded Agreement will be provided to the Association. 11. This Agreement is the entire agreement between the parties, and supercedes all previous oral and written representations, agreements and understandings between the parties. This Agreement shall be governed by the laws of the State of Florida, and may not be altered or amended in any way, save by written agreement signed by both parties. 12. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. 13. Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or registered or certified mail, return receipt requested, postage prepaid or personal delivery addressed as follows:. If to County: Attn: Jay Ahmad Director, Transportation Engineering & Construction Management 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239 - 252 -8192 Fax 239 -530 -6643 With a copy to: Jeffery A. Klatzkow County Attorney Office of the County Attorney Harmon Turner Building 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 Telephone 239 - 774 -8400 Fax 239 - 774 -0225 3 of 5 Packet Page -1480- 1/24/2012 Item 16.A.11. If to Owner: Registered Agent for the corporation Jaime Greusel (as of the effective date of this Agreement) 1104 North Collier Boulevard Marco Island, Florida 34145 Telephone: Notice is deemed given upon receipt of same. In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. As to County: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: Dwight E. Brock, Clerk FRED W. COYLE, Chairman As to Association: BRADSTROM VILLAGE CONDOMINIUM ASSOCIATION, INC., a Florida not - for - profit WITNESSES: corporation (Signature) (Print full name) (Signature) (Print full name) By: (Signature) (Print full name) (Corporate Title) 4 of 5 Packet Page -1481- 1/24/2012 Item 16.A.11. STATE OF FLORIDA COUNTY OF COLLIER THIS LANDSCAPE MAINTENANCE AGREEMENT was signed and acknowledged on this day of , 2011, before me, the undersigned notary public, by as of Bradstrom Village Condominium Association, Inc, a Florida not - for - profit corporation, on behalf of the corporation, who: No is personally known to me, produced (SEAL) Approved as to Legal Form and Sufficiency: Scott Teach Assistant County Attorney as proof of identity. 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