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Agenda 03/09/2021 Item #16A11 (Landscape Maintenance Agreement w/Creekside Hospitality, LLC)03/09/2021 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign Collier County Landscape Maintenance Agreements between Collier County and Creekside Hospitality LLC, and between Collier County and RES Florida 1284 Holdings, LLC and Named Tenant Arthrex, Inc., for landscape and irrigation improvements within the Goodlette-Frank Road public right-of-way. OBJECTIVE: That the Board of County Commissioners (the "Board") approves and authorizes the Chairman to sign the attached Collier County Landscape Maintenance Agreements permitting landscaping and irrigation improvements within the County right-of-way and ensuring that Creekside Hospitality LLC, RES Florida 1284 Holdings, LLC and Named Tenant Arthrex, Inc. will maintain improvements accordingly. CONSIDERATIONS: Collier County was approached by Creekside Hospitality LLC, RES Florida 1284 Holdings, LLC and Named Tenant Arthrex, Inc. to install landscaping and irrigation within the Goodlette- Frank Road public right-of-way near the entrance of the Arthrex Hotel and Arthrex Wellness Center Entrance. Pursuant to the attached Landscape Maintenance Agreements, Creekside Hospitality LLC, RES Florida 1284 Holdings, LLC and Named Tenant Arthrex, Inc. agree to maintain the landscaping and irrigation improvements along Goodlette-Frank Road, as depicted in Schedule A and in accordance with the specifications in Schedule B. Rights to terminate the Agreement are spelled out in the attached Agreement. FISCAL IMPACT: There is no cost to Collier County associated with this proposal. Creekside Hospitality LLC, RES Florida 1284 Holdings, LLC and Named Tenant Arthrex, Inc. are responsible for all recording fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for approval. -DDP RECOMMENDATION: To sign Collier County Landscape Maintenance Agreements between Collier County and Creekside Hospitality LLC, and between Collier County and RES Florida 1284 Holdings, LLC and Named Tenant Arthrex, Inc. for landscaping and irrigation improvements within the Goodlette- Frank Road public right-of-way. Prepared By: Pamela Lulich, PLA, Landscape Operations Manager, Road Maintenance Division ATTACHMENT(S) 1. Agreement - Creekside Hospitality - 011521_initialed (PDF) 2. Agreement - RES Florida 1284 - 011521_initialed (PDF) Packet Pg. 601 16.A.11 03/09/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.I I Doe ID: 14833 Item Summary: Recommendation to authorize the Chairman to sign Collier County Landscape Maintenance Agreements between Collier County and Creekside Hospitality LLC, and between Collier County and RES Florida 1284 Holdings, LLC and Named Tenant Arthrex, Inc., for landscape and irrigation improvements within the Goodlette-Frank Road public right-of-way. Meeting Date: 03/09/2021 Prepared by: Title: Manager - Landscape Operations — Growth Management Department Name: Pamela Lulich 01/25/2021 9:46 AM Submitted by: Title: Dept Head - Growth Management — Growth Management Department Name: Thaddeus Cohen 01/25/2021 9:46 AM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Gloria Herrera Growth Management Department Lissett DeLaRosa Level 1 Reviewer Road Maintenance Albert English Additional Reviewer Growth Management Operations Support Christopher Johnson Growth Management Department Thaddeus Cohen Department Head Review County Attorney's Office Derek D. Perry Level 2 Attorney Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Laura Zautcke Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Additional Reviewer Completed Completed 01/26/2021 11:24 AM Completed 02/01/2021 3:21 PM Additional Reviewer Completed Completed 02/10/2021 11:02 AM Completed 02/10/2021 11:35 AM Completed 02/10/2021 11:41 AM Completed 02/10/2021 11:52 AM Completed 02/18/2021 3:01 PM Completed 03/02/2021 8:16 AM 03/09/2021 9:00 AM Packet Pg. 602 16.A.11.a LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this day of , 2021, by and between Collier County, Florida, a political subdivision of the State of Florida whose mailing address is 3299 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the "County"), and CREEKSIDE HOSPITALITY LLC, whose mailing address is 1265 CREEKSIDE PARKWAY STE 210, NAPLES, FL 34108 (hereinafter referred to as the "Florida Limited Liability Company"). RECITALS: WHEREAS, County is the owner of that certain right-of-way located in Collier County, Florida and known as Goodlette-Frank Road (hereinafter referred to as "Road"); and WHEREAS, Section I. Planning and Development, of the handbook titled "Collier County Landscape and Irrigation Specifications for Beautification Improvements Within the Public Right - of -Way, Collier County, Florida" (2009), provides as follows: Entities desiring to make landscape improvements within public road right-of-way shall submit plans and documentation consistent with the requirements for a public right-of-way permit. This submission shall be in accordance with the "Construction Standards Handbook for Work within the Public Right -of -Way, Collier County, Florida" (the "Construction Handbook'). Landscaping Permit Within the public rights of way: Improvements to unimproved medians in the right of way: A private owner, Developer or civic or homeowners' association desiring to landscape within a public right-of-way shall submit landscape and irrigation construction documents prepared by a licensed landscape architect for County review. The Permit application shall include three (3) sets of detailed plans indicating the existing right-of-way facilities and the type and location of the proposed plantings, location of electrical and irrigation systems(s). After acceptance of the landscape and irrigation plans, a landscape agreement shall be prepared by the contracting parties and approved by the County attorney's office. (See Appendix for example) The purpose of the landscape agreement is to ensure that the Permittee, or his successors or assign, shall be responsible to maintain such material and irrigation system until removed or unless otherwise specified; and WHEREAS, in keeping with the above, the Florida Limited Liability Company has applied for a Landscaping Permit Within the Public Rights -of -Way, and has submitted landscape and 1 of 4 Packet Pg. 603 16.A.11.a irrigation construction documents prepared by a licensed landscape architect for County review. A copy of this Permit and the plans are attached hereto as Schedule "A." The Florida Limited Liability Company shall follow the Collier County Maintenance specifications attached as Schedule `B." NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1. Subject to the issuance of all necessary Permits, County hereby grants to the Florida Limited Liability Company the right to use those portions of the Road depicted in Schedule "A," for the sole purpose set forth in Schedule "A." The Permits address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures during the time that work is to be performed. 2. The Florida Limited Liability Company agrees to construct and maintain the improvements set forth in Schedule "A" (hereinafter referred to as "Improvements") at its sole cost and expense, until such time as the County executes a release from indemnification as discussed below. 3. Should the Florida Limited Liability Company fail to construct or maintain the Improvements in accordance with Schedule "A" or law, the County may provide notice to the Florida Limited Liability Company in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, the Florida Limited Liability Company at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to, or failure to maintain the Improvements results in a situation where public safety is at risk, (1) the Florida Limited Liability Company shall effect repairs within twenty-four hours of receipt of the County's written notice, or (2) the County may, at its option, effect repairs to the Improvements, without the need for prior notice to the Florida Limited Liability Company, and will promptly bill the Florida Limited Liability Company for all actual costs incurred in effecting the repairs. The Florida Limited Liability Company shall reimburse the County for such costs within thirty days of receipt of the County's bill. 4. The Florida Limited Liability Company, as Indemnitor hereunder, shall indemnify and save harmless the County, as Indemnitee hereunder, including all employees of the County, from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation, against the County arising out of the Florida Limited Liability Company's use of the Road for the purposes set forth in this Agreement, including the construction and removal of the Improvements. The Indemnitee shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder without the prior consent of Indemnitor, such consent to not be unreasonably withheld. 2 of 4 Packet Pg. 604 16.A.11.a 5. The indemnity provided for by this Agreement will extend from the date of this Agreement until such time as the parties hereto acknowledge in writing that the Florida Limited Liability Company has ceased to use the Road for the purposes stated within this Agreement and the Road has been restored as set forth below, at which time, following receipt of the Florida Limited Liability Company's written request, the County will execute a release from indemnification in favor of the Florida Limited Liability Company. 6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the County in connection with this Agreement, within thirty days of the date that County is aware of such claim. 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. The Agreement may be freely terminated as of right by either party, with or without cause, upon written notice to the other. If the Florida Limited Liability Company exercises this right, or if the County exercises this right based upon the Florida Limited Liability Company's substantial breach of this Agreement, then upon written demand by County, the Florida Limited Liability Company, at its sole cost and expense, shall remove the Improvements and will restore the Road to the condition that existed immediately prior to the effective date of this Agreement. If the County exercises this right, or if the Florida Limited Liability Company exercises this right based upon the County's substantial breach of this Agreement, then the County will be responsible for any removal of the Improvements or restoration of the Road. Except for the above, neither party will be liable to the other for any damages or claims resulting from the termination of this Agreement. 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. The Florida Limited Liability Company 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 Florida Limited Liability Company. 10. This Agreement is the entire agreement between the parties, and supersedes all previous oral and written representations, agreements and understandings between the parties. This Agreement shall be governed by the laws of the State of Florida, and may not be altered 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. 3 of 4 Packet Pg. 605 16.A.11.a In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. ATTEST: Crystal K. Kinzel, Clerk WITNESSES: 5 QA&4-0(" Printed Name: ZA)y); W-A.44 Printed Name: 6n STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Penny Taylor., Chairman Florida Limited Liability Company/Property Owner: CREEKSIDE HOSPITALITY LLC By: J— 1'J1t( Printed Name: DANIEL HALL Title: VICE PRESIDENT, KRISDAN MANAGEMENT, INC. AS MANAGER OF CREEKSIDE HOSPITALITY LLC. The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization, this ,11h day of k&ftjly', by DANIEL as VICE PRESIDENT for _KRISDAN MANAGEMENT, INC., AS MANAGER_, who is personally known or ❑ has produced as identification. � WAkb:L�SL [signature of Notary Public] [printed name of Notary Public] Approved as to form and legality: Derek D. Perry Assistart County Attorrev ! \ ti 4of4 [the notary_ public's official seal] SUZNNNEPAHL-BOLIWD :r Connnission / GG 200110 Expires May 15, 2022 .„a •'•• NWW TIn Tmy Faie Mwm 8 $WS5.7019 Packet Pg. 606 16.A.11.a Date Approved: January 14, 2020 SDP/AR/PSP Number: N/A co�er Cilaunty Growth Management Department SCHEDULE "A" Right-of-way Permit Number: PRROW2019031113901 Building Permit Number: N/A Project Name: Goodlette-Frank Road Improvements at Creekside Blvd (Innovation Blvd) Project Address: Goodlette-Frank Road at Creekside Boulevard Subdivision: Creekside Commerce Park CPUD Folio No: 34500000107 Lot: Block: Unit: Tract Section:10 Township:49 Range:25 Type of Construction: ROW Commercial Detail: Goodlette-Frank Road Improvements at Creekside Blvd. 4-laning GFR from Creekside Blvd to Immokalee Road; transition of the roadway to match the existing 2-lane section. Will occur south of the functional area of Creekside Blvd intersection. Arthrex Developer Commitment WORK IS BEING DONE ALONG GOODLETTE-FRANK RD ENDING IN THE INTERSECTION OF IMMOKALEE RD THIS PERMIT IS VALID FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ISSUANCE. Please refer to Collier County Portal for issuance and expiration dates. Property Owner/Applicant: Contractor: Arthrex, Inc. Trebilcock Consulting Solutions, PA - Marquita King David Bumpous, CSP 2800 Davis Blvd, Suite 200 1370 Creekside Blvd Naples, FL 34104 Naples, FL 34108 Telephone Number: (239) 566-9551 Telephone Number: (239) 591-6960 Work shall be performed in accordance with approved plan, Conditions of �rmit appearing on reverse side, stipulations specified as part of this permit and accordance with Collier County Ordinance # 09-19 and the "Public nht-of-Wav Construction Standards Handbook," latest edition. 2. Applicant declares that prior to filing this application he has ascertained the location of all existing utilities, both aerial and underground. Any changes to any utility shall be the responsibility of the Permittee for all cost. If right-of-way permit is issued in conjunction with a building permit, the ht-of-way permit expires upon completion of the building. APPROVED BY: ARH If the application is made by any person or firm other than the owner c property involved, a written consent from the property owner shall be tuired prior to processing of the application. Transportation Services Division approval does not exempt the permi im gaining approval from any State, Federal or Local Agencies having indiction over the proposed work. This permit is contingent upon Permittee obtaining necessary rights of try for construction and maintenance where required right-of-way for blic use has not been dedicated and accepted by Collier County. Condition: Per the Design Professional Acknowledgement of Submittal, the licensed Engineer has affirmed that submittal of building permit plans are being done at their own risk without the contractor assigned. Upon the assigning of the contractor, a "Qualifier's Page" of the building permit application will need to be submitted, as well as a notarized, or signed/sealed letter of no objection from the licensed Engineer for said contractor to take responsibility of the permit. Condition: Both field and laboratory testing, such as density testing (LBR, Proctor), on the proposed backfill material shall be conducted by a certified laboratory. All testing shall be completed and shall meet minimum density requirements on each lift prior to additional backfilling. Copies of all completed compaction test results shall be furnished to the County prior to completion of the project. Condition: As Built Drawings are required to be submitted prior to the request of the final inspection for all Commercial ROW permits. The as -built drawings may be submitted through the CityView Portal Conditions Tab - click "Browse" to upload the documents. Condition: If it is determined during construction that the existing traffic control conduit do not have the required capacity to accept new facilities, new conduit shall be installed if required. Condition: The required inspections shall be scheduled through the CityView Portal. Please call 239 252 3726 to schedule required 830 inspection FIRST then subsequent inspections listed below. Packet Pg. 607 16.A.11.a 830 - 72 Hr Notice of (1st) Proceeding with Work 800 - Right -Of -Way Final Inspections Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. SEE GENERAL CONDITIONS OF RIGHT-OF-WAY PERMITS Packet Pg. 608 } 16.A.11.a Right -of -Way Application GROWTH MANAGEMENT DEPARTMENT ROW PERMITTING & INSPECTION 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 ROW Section Telephone Number: 252-2400 Inspection Telephone Number: 252-3726 PRROW2019031 FILL IN ALL APPLICABLE INFORMATION RIGHT-OF-WAY PERMIT # 113901 PSP# SDP/AR# BUILDING PERMIT # PROJECT NAME Goodlette Frank Road Improvements at Creekside Blvd (Innovation Blvd) Check Right -of -Way Type FEES APPLICATION CHECKLIST RESIDENTIAL ❑ Construction (Base Permit Fee) $200 ❑ Renewal/Revision (Unexpired Permit) $ 100 ❑Copy of house survey with ❑ Jack-and-Bore/Directional Bore $500 A sketch for the request ❑ Application fee ❑ Sprinkler Head Placement in the ROW $50 $2,000 ❑ Details for request ❑ Open -Cut Construction $200 (location, size, etc.) ❑ Miscellaneous Events ❑ Other COMMERCIAL SMALL DEVELOPMENT LARGE DEVELOPMENT ❑ Construction (Base Permit Fee) $1,000v/$2,000♦ $2,000Y/$4,000♦ ❑ Renewal/Modification (Unexpired Permit) $500 $1,000 ❑ Jack-and-Bore/Directional Bore $1,000 $2,000 $400 ® Sprinkler Head Placement in the ROW $200 $3,000 ❑ Turn-lane/Median Construction $1,500 $6,000 ❑ Open -cut Construction ❑ Work in the ROW without Lane Closures $4,000 $50v/$100♦ $100v/$200♦ ❑ Work in the ROW with Lane Closures See Exhibit "A" ♦-JUN.-NOV. ♦-DEC.-MAY. ❑ PSC Regulated Franchise Utility $100 + $50 per day Inspection Fee (when required) ❑Miscellaneous Events (Road Closures) $200 ❑Ri ht-of-wa ermit after the fact 4 x Normal Fee Maximum of $24,000.00 COMMERCIAL ONLY: FEE TO BE PAID $200 Please submit 2 sets of si ned and sealed plans Est. Number of Days in ROW (if applicable) Please Print October 22, 2020 Total Amount Paid $200 Today's Date Make checks payable to: Board of County Commissioners Recei t # Approval is hereby requested by (Owner Name) Creekside C mmerce Park POA For the purpose of Landscape management At/on (project street Address) Goodlette-Frank Road Lot No. Block Unit Tract Subdivision Creekside Commerce Park CPUD Sec. 10 Folio No. 34500000107 Portion of Tract N E S W Twp. 49 Rge. 25 E. Property Name reekside Commerce Park POAI Contractor/ Name A noli Barber & Brundage, Inc. Owner's Contact Name John Schmiedin Agent Contact Name n tie Keene Info. Information Mailing Add. 7400 Trail Blvd Suite 200 Mailing Add. 1265 Creekside Pkwy. 210 City/State/ZipNaples, FL 34108 Cit /State/Zi Na les FL 34108 Telephone Tele hone 239 597-3111 E-Mail: Contractor's License Number t. Work shall be performed in accordance with approved plan, Conditions 3. 1 haave� ead the Collier County Right -of -Way Permit Notes and of Permit, stipulations specified as part of this permit and in accordance Conditions and agree to nd ct all work in accordance with the County with Collier County Ordinance #09-19 the "Public Right -of -Way Ordinance'# 09- as a en a and all plicable all County and State, Construction Standards Handbook," latest edition. cobs an la s, me de nder pe Ities of perjury, I declare that 2. Growth Management Department approval does not exempt the I have re th f ng t plicati and that facts stated in it are permittee from gaining approval from any State, Federal or Local true. A Agencies having jurisdiction over the proposed work. X 1 1 Authorized Sign ture Packet Pg. 609 16.A.11.a GENERAL CONDITIONS OF RIGHT-OF-WAY PERMITS 1. The permit must be kept on the work site and be available upon request or prominently displayed. 2. Permits are required for all work performed in any rights -of -way or easements provided for public use in the unincorporated area of Collier County and in those public rights -of -way or easements, which are maintained by Collier County, but lie within municipal boundaries. 3. When permitted facilities are placed within a public right-of-way or easement, the installation is for permissive use only and placing of facilities shall not operate to create or vest any property right in the associated right- of-way or easement to the permittee. Furthermore, the permittee shall be responsible for maintenance of such facilities until they are removed, unless otherwise specified. 4. All materials and equipment, including Maintenance of Traffic (MOT) and equipment placement, shall be subject to inspection by the Growth Management Department. 5. Requests for pre -inspections shall be made a minimum of 72 hours prior to commencing work requiring inspection. 6. No lane closures will be permitted between the hours of 7:00 — 9:00 A.M. and 3:30 — 6:30 P.M_ 7. Prior to construction, the Contractor/Permittee shall submit a MOT plan for any construction project involving work or activity that may affect traffic on any County street, roadway or bikepath/sidewalk. The MOT plan must be signed by either a Professional Engineer or person certified by the International Municipal Signal Association (IMSA) if affecting arterial or collector Roadways, unless waived by the Growth Management Department. The driveway fill and driveway culvert including soil erosion/sedimentation control measures must be installed prior to the start of any earth moving construction activity with drainage plans, culvert size, soil erosion/sedimentation controls, elevation offset, and ditch slope designed and certified by a licensed engineer for all commercial projects. 8. During construction the Contractor/Permittee shall comply with the "State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance, and Utility Operations" and with the "Manual On Uniform Traffic Control Devices" and with all other governing safety regulations and shall maintain the approved site drainage plan and soil erosion/sedimentation control plan. 9. The permittee shall hold the County harmless and the County shall be relieved of all responsibility for any damage or liability of any nature arising from work authorized and performed under the permit. 10. All crossings of existing pavement shall be made by jacking and boring at a minimum depth of thirty-six inches (36"), unless otherwise authorized by the Growth Management Department for good cause shown. 11. All overhead installations must meet a minimum four foot (4') separation to communication lines (both vertically and horizontally), minimum seven foot (T) separation to guys (both vertically and horizontally) and a minimum ten foot (10') separation to neutrals (both vertically and horizontally), and meet and/or exceed all other OSHA requirements as may be determined by OSHA clearance requirements and/or formulas relevant to overhead lines clearances and/or separations requirements (both vertically and horizontally) and all underground crossings shall be placed at a minimum depth of thirty-six inches (36") below the pavement and/or a minimum depth of twenty-four inches (24") below the designed roadside ditch or swale invert. Primary cable (voltage exceeding 500 volts) shall have minimum thirty-six inch (36") cover. Secondary cable (voltages less than 500 volts) shall have a minimum thirty -inch (30") cover. Exception may be made by authority of the Growth Management Department for good cause shown. 12. Two prints of the proposed work covering details of the installation shall be made a part of the permit. If additional plans are required, they shall become a part of the permit. 13. Following completion of all permitted work, grassing and/or seeding shall be required for any disturbed rights - of -way. 14, All property disturbed by work authorized by the permit must be restored to better than, or equal to, it's original condition, and to the satisfaction of the County. 15. Whenever deemed necessary by the County for the construction, repair, maintenance, improvement, alteration or relocation of applicable right-of-way or easement and when so notified by the County, any or all Packet Pg. 610 16.A.11.a poles, wires, pipes, culverts, cables, sod, landscaping, driveways, sprinklers, or other facilities and appurtenances authorized shall be removed from said right-of-way or easement, or reset or relocated thereon as required, to be installed by the permit, and at the expense of the permittee, or successor and assigns. 16. When the permittee, or successor and assigns is notified of a need for construction, repair, maintenance, improvement, alteration of or relocation within the right-of-way or easement and no action is taken by the responsible party within the time frame specified by the County, the County shall cause the permitted work to be altered, relocated, or removed, with the total expense being borne solely by the permittee or the responsible party. 17. Permits shall generally be in a form approved by the Board of County Commissioners and shall include the time of commencement, the number of days the job is expected to take, and the approximate date of completion. The permit will expire one hundred and eighty (180) days afterthe issuance of the permit, unless authorized in the specific instance for a longer or shorter period. If the work has not been completed by the expiration date, there will be a renewal fee, set by Resolution, payable upon extending the expiration date for an additional ninety (90) days. 18. All correspondence regarding construction procedures will be through the permittee, or authorized agent or consultant, and not through any contractor or subcontractor. 19. The Permittee is responsible for obtaining necessary rights of entry for construction and maintenance where required right-of-way for public use has not been dedicated and accepted by Collier County. 20. If there are any lane closures or work that will impede normal traffic flow, the permit holder is obligated to inform the road alert coordinator at 239-252-8192, five business days prior to construction or as soon as possible. 21. All existing aerial and underground utilities shall be located by the applicant. Any changes to any utility shall be the responsibility of the Permittee for all cost. 22. A written consent from the property owner shall be required if the application is made by any person or firm other than the owner of the property involved. 23. The Growth Management Department shall be notified in writing either via form letter (to: Collier County Traffic Operations, 2885 S. Horseshoe Drive, Naples, FL 34104) or email (trafficops(c�collie rgov.net) a minimum of 72 hours prior to the commencement of jobs that include overhead or underground work that will be conducted as part of construction or maintenance projects within Collier County rights -of -way and 12 hours prior to any and all daily work to be performed throughout the entire length of construction or maintenance projects. Any rescheduling of work shall be provided in writing. All underground utilities must be located prior to construction. 24. Prior to acceptance by the County (including issuance of Certificate of Occupancy), the Growth Management Department shall be notified by mailing or delivering a request for a final inspection to the ROW Permitting Section, 2800 North Horseshoe Drive, Naples, Florida 34104, or by phone, 239-252-3726, upon completion of authorized work. Signed and sealed copies of the as -built survey shall be submitted to the Growth Management Department. Additionally, all as built surveys shall be submitted in GIS format following the standards for Design and As -Built Electronic Drawings in APPENDIX B of this handbook. Packet Pg. 611 16.A.11.a _. OPRB FR \I � w c� 2 6 O I d t 13 1 Tt IRR TO ROW EP c p! I ` 11 2.'. IRR TO EP / 3 ' IRRI TO. ROW K W Y Z I• IRR M E 12.7' IRR TO EP 4.g' IRR TO EP ¢¢w J w=o� 6.7' ¢mY� IRR uxw TO ROW z3�^ a w�mo 0 azti ¢ z o � ¢ m 0 F, J � Q o J LU �o Q Q CC J V-I O fi Packet Pg. 612 16.A.11.a SCHEDULE "B" 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 bag 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 %z"). 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 shall 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 Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12") or twenty-four (24") height based upon the 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 (F) 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. D. TRASH REMOVAL: With each service, all sites shall be cleaned by removing all trash or debris to include, but not limited to; paper, bottles, 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. E. 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. 1 of 5 Packet Pg. 613 16.A.11.a F. TRAFFIC CONTROL: The developer 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 Developer shall obtain and review the County MOT policy requirements prior to submitting a bid. The Developer 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. G. 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 (IT) 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 June 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 lane to the work area, be closed using traffic control devices and signage per 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 base 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 (Y) of height or spread. Shrubs and groundcovers shall receive one-half (1/2) cup per eighteen inches (18") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. Turf Areas and Plant beds containing Shrubs, Gooundcovers, and Trees. The (13-3-13) fertilizer shall be applied at a rate of ten (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. 2of5 Packet Pg. 614 16.A.11.a Palms: Developer 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 be applied with the palm fertilizer at the rates specified. I. 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 controller and rain shut off switches for settings and operations. Where required, the Developer 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 Developer shall record and provide to the County's representative the well water flow meter readings for the two well locations on the General Maintenance Report Sheets. 5. 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 3 of 5 Packet Pg. 615 16.A.11.a 2. 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 Developer 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 sprinkler heads and nozzles and irrigation shields to ensure proper coverage. c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. d. The Developer 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 turned on at the valve to ascertain proper operation of the system. 2. Repair system for 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 Developer 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 Developer shall review the plant material and turf for dry conditions and if found correct the problem. Monthly Service Requirements: 1. Manually run 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. d. The Developer 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 Developer shall review the plant material and turf for dry conditions and if found correct the problem. General Service Requirements for Irrigation Systems: I. 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. 4of5 Packet Pg. 616 16.A.11.a 3. Replace damaged valve boxes/lids if caused by the Maintenance Developer. 4. Inspect, clean, and replace, if necessary, screen/filters within the sprinkler heads. 5. 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 Developer shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Developer'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. BRICK 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 developers 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 <f> Packet Pg. 617 16.A.11.b LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this day of , 2021, by and between Collier County, Florida, a political subdivision of the State of Florida whose mailing address is 3299 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the "County"), and RES FLORIDA 1284 HOLDINGS LLC AND NAMED TENANT ARTHREX, INC., whose mailing addresses are 1265 CREEKSIDE PARKWAY STE 210, NAPLES, FL 34108 (hereinafter referred to as the "Florida Limited Liability Company"). RECITALS: WHEREAS, County is the owner of that certain right-of-way located in Collier County, Florida and known as Goodlette-Frank Road (hereinafter referred to as "Road"); and WHEREAS, Section I. Planning and Development, of the handbook titled "Collier County Landscape and Irrigation Specifications for Beautification Improvements Within the Public Right - of -Way, Collier County, Florida" (2009), provides as follows: Entities desiring to make landscape improvements within public road right-of-way shall submit plans and documentation consistent with the requirements for a public right-of-way permit. This submission shall be in accordance with the "Construction Standards Handbook for Work within the Public Right -of -Way, Collier County, Florida" (the "Construction Handbook'). Landscaping Permit Within the public rights of way: Improvements to unimproved medians in the right of way: A private owner, Developer or civic or homeowners' association desiring to landscape within a public right-of-way shall submit landscape and irrigation construction documents prepared by a licensed landscape architect for County review. The Permit application shall include three (3) sets of detailed plans indicating the existing right-of-way facilities and the type and location of the proposed plantings, location of electrical and irrigation systems(s). After acceptance of the landscape and irrigation plans, a landscape agreement shall be prepared by the contracting parties and approved by the County attorney's office. (See Appendix for example) The purpose of the landscape agreement is to ensure that the Permittee, or his successors or assign, shall be responsible to maintain such material and irrigation system until removed or unless otherwise specified; and WHEREAS, in keeping with the above, the Florida Limited Liability Company has applied for a Landscaping Permit Within the Public Rights -of -Way, and has submitted landscape and irrigation construction documents prepared by a licensed landscape architect for County review. A copy of this Permit and the plans are attached hereto as Schedule "A." The Florida Limited Liability Company shall follow the Collier County Maintenance specifications attached as Schedule `B." [20-TRM-00331/1593447/1] Page 1 of 5 Packet Pg. 618 16.A.11.b NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1. Subject to the issuance of all necessary Permits, County hereby grants to the Florida Limited Liability Company the right to use those portions of the Road depicted in Schedule "A," for the sole purpose set forth in Schedule "A." The Permits address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures during the time that work is to be performed. 2. The Florida Limited Liability Company agrees to construct and maintain the improvements set forth in Schedule "A" (hereinafter referred to as "Improvements") at its sole cost and expense, until such time as the County executes a release from indemnification as discussed below. 3. Should the Florida Limited Liability Company fail to construct or maintain the Improvements in accordance with Schedule "A" or law, the County may provide notice to the Florida Limited Liability Company in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, the Florida Limited Liability Company at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to, or failure to maintain the Improvements results in a situation where public safety is at risk, (1) the Florida Limited Liability Company shall effect repairs within twenty-four hours of receipt of the County's written notice, or (2) the County may, at its option, effect repairs to the Improvements, without the need for prior notice to the Florida Limited Liability Company, and will promptly bill the Florida Limited Liability Company for all actual costs incurred in effecting the repairs. The Florida Limited Liability Company shall reimburse the County for such costs within thirty days of receipt of the County's bill. 4. The Florida Limited Liability Company, as Indemnitor hereunder, shall indemnify and save harmless the County, as Indemnitee hereunder, including all employees of the County, from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation, against the County arising out of the Florida Limited Liability Company's use of the Road for the purposes set forth in this Agreement, including the construction and removal of the Improvements. The Indemnitee shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to Indemnitor's obligation hereunder without the prior consent of Indemnitor, such consent to not be unreasonably withheld. 5. The indemnity provided for by this Agreement will extend from the date of this Agreement until such time as the parties hereto acknowledge in writing that the Florida Limited Liability Company has ceased to use the Road for the purposes stated within this Agreement and the Road has been restored as set forth below, at which time, following receipt of the Florida Limited Liability Company's written request, the County will execute a release from indemnification in favor of the Florida Limited Liability Company. 6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the County in connection with this Agreement, within thirty days of the date that County is aware of such claim. [20-TRM-00331/1593447/1] Page 2 of 5 Packet Pg. 619 16.A.11.b 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. The Agreement may be freely terminated as of right by either party, with or without cause, upon written notice to the other. If the Florida Limited Liability Company exercises this right, or if the County exercises this right based upon the Florida Limited Liability Company's substantial breach of this Agreement, then upon written demand by County, the Florida Limited Liability Company, at its sole cost and expense, shall remove the Improvements and will restore the Road to the condition that existed immediately prior to the effective date of this Agreement. If the County exercises this right, or if the Florida Limited Liability Company exercises this right based upon the County's substantial breach of this Agreement, then the County will be responsible for any removal of the Improvements or restoration of the Road. Except for the above, neither party will be liable to the other for any damages or claims resulting from the termination of this Agreement. 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. The Florida Limited Liability Company 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 Florida Limited Liability Company. 10. This Agreement is the entire agreement between the parties, and supersedes all previous oral and written representations, agreements and understandings between the parties. This Agreement shall be governed by the laws of the State of Florida, and may not be altered 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. [20-TRM-00331/1593447/11 Page 3 of 5 Packet Pg. 620 16.A.11.b In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. ATTEST: Crystal K. Kinzel, Clerk Deputy Clerk WITNESSES: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Penny Taylor, Chairman Florida Limited Liability Company: RES FLORIDA 1284 HOLDINGS, LLC By: KRISDAN MANAGEMENT, INC., ITS MANAGER By: / Prin ed Name: Wkl &40 nA DANIEL HALL VICE PRESIDENT. Printed ame 1+4 ►fit 1 V u STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of N physical presence or ❑ online notarization, this day of 2021, by DANIEL HALL as VICE PRESIDENT for KRISDAN MAN'YAGEMENT. INC. AS MANAGER OF RES FL 1284 HOLDINGS, LLC, who M is personally known or ❑ has produced as identification. ignature of Notary Public] [printed name of Notary Public] WITNESSES: ConaeiWM # GG 200110 a E*m Yey 15. 2022 BaWT,,Tt yF.1.W mced04NrM9 Florida Limited Liability Company: [20-TRM-00331/1593447/1] Page 4 of 5 Packet Pg. 621 16.A.11.b r Printed Nam : he rYy Wo C'r� d� STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this gt�lday of , 2021, by JOHN SCUMIEDING as VICE PRESIDENT — GENERAL COUNSEL for ARTfIREX, INC., who is personally known or ❑ has produced as identification. [ i nature 9f Notary Public] [printe name of Votary Public] Approved as to form and legality: Derek D. Perry Assistant County Attorney �� \v [the notary_ public's official wall �# Notary Public State of Florida Mary Gay M a w My Commission HH 043001 $� Expires 10/0612024 [20-TRM-00331/1593447/1] Page 5 of 5 Packet Pg. 622 SCHEDULE "A 16.A.11.b Date Approved: January 14, 2020 SDP/AR/PSP Number: N/A cZer county Growth Management Department Right-of-way Permit Number: PRROW2019031113901 Building Permit Number: N/A Project Name: Goodlette-Frank Road Improvements at Creekside Blvd (Innovation Blvd) Project Address: Goodlette-Frank Road at Creekside Boulevard Subdivision: Creekside Commerce Park CPUD Folio No: 34500000107 Lot: Block: Unit: Tract: Section:10 Township:49 Range:25 Type of Construction: ROW Commercial Detail: Goodlette-Frank Road Improvements at Creekside Blvd. 4-laning GFR from Creekside Blvd to Immokalee Road; transition of the roadway to match the existing 2-lane section. Will occur south of the functional area of Creekside Blvd intersection. Arthrex Developer Commitment WORK IS BEING DONE ALONG GOODLETTE-FRANK RD ENDING IN THE INTERSECTION OF IMMOKALEE RD THIS PERMIT IS VALID FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ISSUANCE. Please refer to Collier County Portal for issuance and expiration dates. Property Owner/Applicant: Contractor: Arthrex, Inc. Trebilcock Consulting Solutions, PA - Marquita King David Bumpous, CSP 2800 Davis Blvd, Suite 200 1370 Creekside Blvd Naples, FL 34104 Naples, FL 34108 Telephone Number: (239) 566-9551 Telephone Number: (239) 591-6960 Work shall be performed in accordance with approved plan, Conditions of 4. If the application is made by any person or firm other than the owner of �rmit appearing on reverse side, stipulations specified as part of this permit and the property involved, a written consent from the property owner shall be accordance with Collier County Ordinance # 09-19 and the "Public required prior to processing of the application. ;Iht-of-Way Construction Standards Handbook," latest edition. Applicant declares that prior to filing this application he has ascertained the ration of all existing utilities, both aerial and underground. Any changes to any lity shall be the responsibility of the Permittee for all cost. If right-of-way permit is issued in conjunction with a building permit, the ht-of-wav Dermit expires upon completion of the buildino. APPROVED BY: ARH Transportation Services Division approval does not exempt the permittee )m gaining approval from any State, Federal or Local Agencies having risdiction over the proposed work. 3. This permit is contingent upon Permittee obtaining necessary rights of entry for construction and maintenance where required right-of-way for )ublic use has not been dedicated and accepted by Collier County. Condition: Per the Design Professional Acknowledgement of Submittal, the licensed Engineer has affirmed that submittal of building permit plans are being done at their own risk without the contractor assigned. Upon the assigning of the contractor, a "Qualifier's Page" of the building permit application will need to be submitted, as well as a notarized, or signed/sealed letter of no objection from the licensed Engineer for said contractor to take responsibility of the permit. Condition: Both field and laboratory testing, such as density testing (LBR, Proctor), on the proposed backfill material shall be conducted by a certified laboratory. All testing shall be completed and shall meet minimum density requirements on each lift prior to additional backfilling. Copies of all completed compaction test results shall be furnished to the County prior to completion of the project. Condition: As Built Drawings are required to be submitted prior to the request of the final inspection for all Commercial ROW permits. The as -built drawings may be submitted through the CityView Portal Conditions Tab - click "Browse" to upload the documents. Condition: If it is determined during construction that the existing traffic control conduit do not have the required capacity to accept new facilities, new conduit shall be installed if required. Condition: The required inspections shall be scheduled through the CityView Portal. Please call 239-252-3726 to schedule required 830 inspection FIRST then subsequent inspections listed hallow_ Packet Pg. 623 16.A.11.b 830 - 72 Hr Notice of (1st) Proceeding with Work 800 - Right -Of -Way Final Inspections Disclaimer: Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. SEE GENERAL CONDITIONS OF RIGHT-OF-WAY PERMITS Packet Pg. 624 16.A.11.b Right -of -Way Application GROWTH MANAGEMENT DEPARTMENT ROW PERMITTING & INSPECTION 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 ROW Section Telephone Number: 252-2400 Inspection Telephone Number: 252-3726 PRROW2019031 FILL IN ALL APPLICABLE INFORMATION RIGHT-OF-WAY PERMIT # 113901 PSP# SDP/AR# BUILDING PERMIT # PROJECT NAME Goodlette Frank Road Improvements at Creekside Blvd (Innovation Blvd) Check Right -of -Way Type RESIDENTIAL FEES APPLICATION CHECKLIST ❑ Construction (Base Permit Fee) $200 ❑ Renewal/Revision (Unexpired Permit) $100 ❑ Copy of house survey with ❑ Jack-and-Bore/Directional Bore $500 A sketch for the request ❑ Sprinkler Head Placement In the ROW $50 ❑ Application fee ❑ Open -Cut Construction $2,000 ❑ Details for request ❑ Miscellaneous Events $200 (location, size, etc.) ❑ Other COMMERCIAL SMALL DEVELOPMENT LARGE DEVELOPMENT ❑ Construction (Base Permit Fee) $1,000Y/$2,000♦ $2,000v/$4,000♦ ❑ Renewal/Modification (Unexpired Permit) $500 $1,000 ❑ Jack-and-Bore/Directional Bore $1,000 $2,000 $400 ® Sprinkler Head Placement in the ROW $200 ❑ Tum-lane/Median Construction $1,500 $3,000 $6,000 ❑ Open -cut Construction ❑ Work in the ROW without Lane Closures $4,000 $50y/$100♦ $100►/$200♦ ❑ Work in the ROW with Lane Closures See Exhibit "A" ♦-JUN.-NOV. ♦ -DEC.-MAY. ❑ PSC Regulated Franchise Utility $100 + $50 per day Inspection Fee (when required) ❑Miscellaneous Events (Road Closures) $200 ❑Ri ht-of-wa ermit after the fact 4 x Normal Fee Maximum of $24,000.00 COMMERCIAL ONLY: FEE TO BE PAID $200 Please submit 2 sets of si ned and sealed 21ans Est. Number of Days in ROW (If applicable) Please Print Today's Date October 22, 2020 Total Amount Paid $200 Make checks payable to: Board of County Commissioners Recei t # Approval is hereby requested by (Owner Name) Creekside C mm r e Park P A For the purpose of Landscape management At/on (project street Address) Goodlette-Frank Road Lot No. Block Unit Tract Subdivision Creekside Commerce Park CPUD Sec. 10 Portion of Tract N Twp. 49 E S W Rge. 25 E. Folio No. 34500000107 Property Owner's Info. NameCreekside Commerce Park PO John Schmiedin Contractor/ Agent Information Name A noli Barber & Brundage, Inc. Contact Name Contact Name tte K n Mailing Add. 1265 Creekside Pkwy. 210 Mailing Add. 7400 Trail Blvd Suite 200 City/State/Zip Naples, FL 34108 City/State/ZipCity/State/Zip Naples, FL 34108 Telephone Telephone 239 597-3111 E-Mail: Contractor's License Number 1. Work shall be performed in accordance with approved plan, Conditions of Permit, stipulations specified as part of this permit and in accordance with Collier County Ordinance #09-19 the 'Public Right -of -Way Construction Standards Handbook," latest edition. 2. Growth Management Department approval does not exempt the permittee from gaining approval from any State, Federal or Local Agencies having jurisdiction over the proposed work. 3. I lj veead the Collier County Right -of -Way Permit Notes and Conditions,and agree to nd ct all work in accordance with the County Ordinance #09- as a an a and all plicable all County and State, codes an la . s, me de nder pe /ties of perjury, I declare that I have re t , f ng t plicati and that facts stated in it are true:, X 1 Authorized Sign ture Packet Pg. 625 16.A.11.b GENERAL CONDITIONS OF RIGHT-OF-WAY PERMITS 1. The permit must be kept on the work site and be available upon request or prominently displayed. 2. Permits are required for all work performed in any rights -of -way or easements provided for public use in the unincorporated area of Collier County and in those public rights -of -way or easements, which are maintained by Collier County, but lie within municipal boundaries. 3. When permitted facilities are placed within a public right-of-way or easement, the installation is for permissive use only and placing of facilities shall not operate to create or vest any property right in the associated right- of-way or easement to the permittee. Furthermore, the permittee shall be responsible for maintenance of such facilities until they are removed, unless otherwise specified. 4. All materials and equipment, including Maintenance of Traffic (MOT) and equipment placement, shall be subject to inspection by the Growth Management Department. 5. Requests for pre -inspections shall be made a minimum of 72 hours prior to commencing work requiring inspection. 6. No lane closures will be permitted between the hours of 7:00 — 9:00 A.M. and 3:30 — 6:30 P.M. 7. Prior to construction, the Contractor/Permittee shall submit a MOT plan for any construction project involving work or activity that may affect traffic on any County street, roadway or bikepath/sidewalk. The MOT plan must be signed by either a Professional Engineer or person certified by the International Municipal Signal Association (IMSA) if affecting arterial or collector Roadways, unless waived by the Growth Management Department. The driveway fill and driveway culvert including soil erosion/sedimentation control measures must be installed prior to the start of any earth moving construction activity with drainage plans, culvert size, soil erosion/sedimentation controls, elevation offset, and ditch slope designed and certified by a licensed engineer for all commercial projects. 8. During construction the Contractor/Permittee shall comply with the "State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance, and Utility Operations" and with the "Manual On Uniform Traffic Control Devices and with all other governing safety regulations and shall maintain the approved site drainage plan and soil erosion/sedimentation control plan. 9. The permittee shall hold the County harmless and the County shall be relieved of all responsibility for any damage or liability of any nature arising from work authorized and performed under the permit. 10. All crossings of existing pavement shall be made by jacking and boring at a minimum depth of thirty-six inches (36"), unless otherwise authorized by the Growth Management Department for good cause shown. 11. All overhead installations must meet a minimum four foot (4') separation to communication lines (both vertically and horizontally), minimum seven foot (7') separation to guys (both vertically and horizontally) and a minimum ten foot (10') separation to neutrals (both vertically and horizontally), and meet and/or exceed all other OSHA requirements as maybe determined by OSHA clearance requirements and/or formulas relevant to overhead lines clearances and/or separations requirements (both vertically and horizontally) and all underground crossings shall be placed at a minimum depth of thirty-six inches (36") below the pavement and/or a minimum depth of twenty-four inches (24") below the designed roadside ditch or swale invert. Primary cable (voltage exceeding 500 volts) shall have minimum thirty-six inch (36") cover. Secondary cable (voltages less than 500 volts) shall have a minimum thirty -inch (30") cover. Exception may be made by authority of the Growth Management Department for good cause shown. 12. Two prints of the proposed work covering details of the installation shall be made a part of the permit. 1f additional plans are required, they shall become a part of the permit. 13. Following completion of all permitted work, grassing and/or seeding shall be required for any disturbed rights - of -way. 14. All property disturbed by work authorized by the permit must be restored to better than, or equal to, it's original condition, and to the satisfaction of the County. 15. Whenever deemed necessary by the County for the construction, repair, maintenance, improvement, alteration or relocation of applicable right-of-way or easement and when so notified by the County, any or all Packet Pg. 626 16.A.11.b poles, wires, pipes, culverts, cables, sod, landscaping, driveways, sprinklers, or other facilities and appurtenances authorized shall be removed from said right-of-way or easement, or reset or relocated thereon as required, to be installed by the permit, and at the expense of the permittee, or successor and assigns. 16. When the permittee, or successor and assigns is notified of a need for construction, repair, maintenance, improvement, alteration of or relocation within the right-of-way or easement and no action is taken by the responsible party within the time frame specified by the County, the County shall cause the permitted work to be altered, relocated, or removed, with the total expense being borne solely by the permittee or the responsible party. 17. Permits shall generally be in a form approved by the Board of County Commissioners and shall include the time of commencement, the number of days the job is expected to take, and the approximate date of completion. The permitwill expire one hundred and eighty (180) days afterthe issuance of the permit, unless authorized in the specific instance for a longer or shorter period. If the work has not been completed by the expiration date, there will be a renewal fee, set by Resolution, payable upon extending the expiration date for an additional ninety (90) days. 18. All correspondence regarding construction procedures will be through the permittee, or authorized agent or consultant, and not through any contractor or subcontractor. 19. The Permittee is responsible for obtaining necessary rights of entry for construction and maintenance where required right-of-way for public use has not been dedicated and accepted by Collier County. 20. if there are any lane closures or work that will impede normal traffic flow, the permit holder is obligated to inform the road alert coordinator at 239-252-8192, five business days prior to construction or as soon as possible. 21. All existing aerial and underground utilities shall be located by the applicant. Any changes to any utility shall be the responsibility of the Permittee for all cost. 22. A written consent from the property owner shall be required if the application is made by any person or firm other than the owner of the property involved. 23. The Growth Management Department shall be notified in writing either via form letter (to: Collier County Traffic Operations, 2885 S. Horseshoe Drive, Naples, FL 34104) or email (trafficops(a-)colliergov.net) a minimum of 72 hours prior to the commencement of jobs that include overhead or underground work that will be conducted as part of construction or maintenance projects within Collier County rights -of -way and 12 hours prior to any and all daily work to be performed throughout the entire length of construction or maintenance projects. Any rescheduling of work shall be provided in writing. All underground utilities must be located prior to construction. 24. Prior to acceptance by the County (including issuance of Certificate of Occupancy), the Growth Management Department shall be notified by mailing or delivering a request for a final inspection to the ROW Permitting Section, 2800 North Horseshoe Drive, Naples, Florida 34104, or by phone, 239-252-3726, upon completion of authorized work. Signed and sealed copies of the as -built survey shall be submitted to the Growth Management Department. Additionally, all as built surveys shall be submitted in GIS format following the standards for Design and As -Built Electronic Drawings in APPENDIX B of this handbook. Packet Pg. 627 ln.H.l l.q m i � I w a 13 1' N IRR :. �2-9, _ ROW �I RR TO N EP I < I N Q E I R R TO Pit O Q Ifi`,.,70 z Q V 4. 9 IRR U I `�•., C 0 EP J v w LL1 m ` C W - o m � O a Q O ujJ zj t LD Lni w�mti Ul WCo (Y M C IV a z uw O aZ �U Q° U LL�a w , W w z - �,,,� �- W 04.� XW U tL Q i S Q J U Q >< n O W dI—-n1— J Cr_ CC W z Q S dzw Co �� 04 Q W 12.7' � RR / TO EP W IRR. a TO EP a¢wJ d 6 7' IRR ux Q TO ROW z 3 u a w Z 2 � :Y � Frr • z � `0 i � ram+ w • Packet Pg. 628 16.A.11.b SCHEDULE "B" 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 bag 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 '/2"). 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 shall 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 Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12") or twenty-four (24") height based upon the 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 (F) 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. D. TRASH REMOVAL: With each service, all sites shall be cleaned by removing all trash or debris to include, but not limited to; paper, bottles, 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. E. 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. 1 of 5 Packet Pg. 629 16.A.11.b F. TRAFFIC CONTROL: The developer 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 Developer shall obtain and review the County MOT policy requirements prior to submitting a bid. The Developer 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. G. 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 (IT) 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 June 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 lane to the work area, be closed using traffic control devices and signage per 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 base 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 (1/2) cup per eighteen inches (18") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. Turf Areas and Plant beds containing Shrubs, Groundcovers, and Trees. The (13-3-13) fertilizer shall be applied at a rate of ten (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. 2 of 5 Packet Pg. 630 16.A.11.b Palms: Developer 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 be applied with the palm fertilizer at the rates specified. I. 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 controller and rain shut off switches for settings and operations. Where required, the Developer 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 Developer shall record and provide to the County's representative the well water flow meter readings for the two well locations on the General Maintenance Report Sheets. 5. 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 3 of 5 Packet Pg. 631 16.A.11.b 2. Backflow Assembly Review assembly for proper operation and clean filter as needed Quick Coupling Valves Review boxes and operate valve 4. Pump Sites a. Once a month, the Developer 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 sprinkler heads and nozzles and irrigation shields to ensure proper coverage. c. The Developer will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. d. The Developer 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 turned on at the valve to ascertain proper operation of the system. 2. Repair system for 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 Developer 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 Developer shall review the plant material and turf for dry conditions and if found correct the problem. Monthly Service Requirements: 1. Manually run 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. d. The Developer 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 Developer 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. 4of5 Packet Pg. 632 16.A.11.b 3. Replace damaged valve boxes/lids if caused by the Maintenance Developer. 4. Inspect, clean, and replace, if necessary, screen/filters within the sprinkler heads. 5. 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 Developer shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Developer'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. BRICK 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 developers 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 Packet Pg. 633