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Backup Documents 09/14/2021 Item #16A25 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A c TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP 6.031 a74 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is aldy omplete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office 4. BCC Office Board of County 6 Commissioners q - (J`� 5. Minutes and Records Clerk of Court's Office fri/{) 41#I 19071 V:07°44(' PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Pamela Lulich/GMD-Road Maintenance Phone Number 239-252-6291 Contact/Department Agenda Date Item was 9/14/2021 Agenda Item Number 6 Approved by the BCC / (o fl �s Type of Document Landscape Maintenance Agreement Number of Original 1 Attached Documents Attached PO number or account 112-163647-633011-31112.9 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) • 1. Does the document require the chairman's original signature? PL 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be PL signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the PL document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's PL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip PL should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. �� this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the Dv P an option for Chairman's signature. this line I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this14th day of September 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 7 Eleven, Inc., whose mailing address is 3200 Hackberry Road, Irving,TX 75063- 0141, 34813 Pine Ridge, LLC, whose mailing address is 2240 W. First Street, Suite 101, Fort Myers, FL 33901, and Creighton Construction & Management LLC, whose mailing address is 2240 W. First Street, Suite 101, Fort Myers, FL 33901 (hereinafter referred to collectively as the "Owner/Developer"). RECITALS: WHEREAS, County is the owner of that certain right-of-way located in Collier County, Florida and known as Airport-Pulling Road and Pine Ridge 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"). w * * * J 0 0_ Landscaping Permit Within the public rights of way: Loo N U w z Improvements to unimproved medians in the right of way: A private owner, N a Developer or civic or homeowners' association desiring to landscape within a a D public right-of-way shall submit landscape and irrigation construction documents a 00 °o prepared by a licensed landscape architect for County review. The Permit o application shall include three (3) sets of detailed plans indicating the existing N 0 u_Ef3 N X right-of-way facilities and the type and location of the proposed plantings, location 0 w z coNz of electrical and irrigation systems(s). ' After acceptance of the landscape and 0)o 1- o o irrigation plans, a landscape agreement shall be prepared by the contracting parties and approved by the County attorney's office. (See Appendix for example) w o eczi The purpose of the landscape agreement is to ensure that the Permittee, or his -w w o w successors or assign, shall be responsible to maintain such material and irrigation Zc OUP g P g system until removed or unless otherwise specified; and WHEREAS, in keeping with the above, the Owner/Developer has applied for a Landscaping Permit Within the Public Rights-of-Way, and has submitted landscape and irrigation Page 1 of 6 r 16A25 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 Owner/Developer 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 Owner/Developer 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 Owner/Developer 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 Owner/Developer fail to construct or maintain the Improvements in accordance with Schedule "A" or law, the County may provide notice to the Owner/Developer in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, the Owner/Developer 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 Owner/Developer 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 Owner/Developer, and will promptly bill the Owner/Developer for all actual costs incurred in effecting the repairs. The Owner/Developer shall reimburse the County for such costs within thirty days of receipt of the County's bill. 4. The Owner/Developer, 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 Owner/Developer'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 Owner/Developer 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 Owner/Developer's written request, the County will execute a release from indemnification in favor of the Owner/Developer. Page 2 of 6 16A25 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 Owner/Developer exercises this right, or if the County exercises this right based upon the Owner/Developer's substantial breach of this Agreement, then upon written demand by County, the Owner/Developer, 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 Owner/Developer 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 Owner/Developer shall pay all costs of recording this Agreement prior to the execution of this Agreement by issuing a check made payable to the Collier County Board of County Commissioners. A copy of the Recorded Agreement will be provided to the Owner/Developer. 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 all parties. 11. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. 12. This Agreement establishes a valid and enforceable covenant running with the land described in Instrument No. 5979292, OR Book 5870, Page 2249, public records of Collier County, Florida, Property Appraiser Parcel No. 00254840003, located 2495 Pine Ridge Road, Naples, FL 34109 (hereinafter"Owner's Property"). Owner/Developer hereby acknowledges that the specified Road and Improvements described in this Agreement benefit, touch, and are adjacent to the Owner/Developer's Property. This Agreement shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Owner/Developer's Property and every person having any interest therein at any time and from time to time. Page3of6 .-� 1 AA2 5 In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. SIGNE I E PRESENCE OF: OWNER/DEVELOPER: 7 E1 n, Inc. ess Signature By. ��oto �� ie Grant Distel, Sr. Development Director Printed Name Evidence of signing authority attached fitness Signature(61 —44AL hereto as Schedule "C". Ciarc e-+.as,t k, Printed Name 5 STATE OF f"..4°TlirDA COUNTY OF LEA The foregoing instrument was acknowledged before me by means of physical presence this 14 day of J w- , 2021, by Grant Distel as Sr. Development Director for 7 Eleven, Inc., who Rr is personally known or ❑ has produced PEA 5o'1MI-4Y /c'vo,-4/ as identification. /arc_ ))-414—..z, Notary Public Signature [the notary public's official seal] Notary Public Printed Name ���`‘QH HENrt,'4i,�� z #GG917365 �J 4/0/111111110. [Space Intentionally Left Blank] Page 4 of 6 SIGNED IN THE PRESENCE OF: OWNER/DEVELOPER: All/(tV)q � i� 34813 Pine dge, LLC Witness Signature ./ By: Lac/re/eleVa 13 . an eighton, Manager Printed Name '7,/i-e;t-tv4.4h( Witness Signature Evidence of signing authority attached hereto as Schedule "C". Adi k +�g-G� Printed Name STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this 12 day of Su/y , 2021, by M. Dan Creighton as Manager of 34813 Pine Ridge, LLC, who is personally known or 0 has produced PE/ eyyii-Y P ",>.✓.I. as identification. Notary Public Signature [the notary public's official seal] ��� ENT, Notary Public Printed Name \�. �P HH..... �yO'�i,,�� y d * • ex-•-re *� A.#GG917365 pl ; P [Space Intentionally Left Blank] Page 5 of 6 1 6 A 2 5 SIGNED IN THE PRESENCE OF: OWNER/DEVELOPER: cf/r74ll v L Creighton Construction &Management LLC Witness Signature By: Affordable Family Homes, Inc., Lai/reel g✓c.$4 S its Maria:,er Printed Name By: I/ Witness Signat re Ma , D. reighton a/k/a M. Dan Creighton, President DeAutleAmo Printed Name Evidence of signing authority attached STATE OF FLORIDA hereto as Schedule "C". COUNTY OF LEE The foregoing instrument was acknowledged before me by means of 21 physical presence or 0 online notarization, this /z day of Sob- , 2021, by Mark D. Creighton a/k/a M. Dan Creighton, as President of Affordable Family Homes, Inc., as Manager of Creighton Construction & Management LLC, who Lr is personally known or 0 has produced PPAS - iY /c am as identification. //GIB ``, ttuuu/g111` se HENryO�����. Notary Public Signature � ; c2s102 92Ss T ,` =* .(t*rotary public's official seal] J 64.c /�vPA(st-ri Z $ 3 #tGG917366, Notary Public Printed Name 4 •° �msa"'• cgol ATTEST: �uC BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, CLERK OF CO OUNTY, FL IDA BY ` By: envy Tayl , Chairman Clerk of the Circuit Cou Comptroller Collier County, FMTrida pproved as to form and legality: fr) erek D. Perry Assistant County Attorney 1 ZI 1Z, Page 6 of 6 ov! 16A25 SCHEDULE "A" PERMIT AND PLANS 1 6 A 2 5 co(tier county Growth Management Department Date Approved: December 21, 2020 Right-of-Way Permit Number: PRROW2O20010401201 SDP/AR/PSP Number: 20190001384 Building Permit Number: N/A Project Name: 7-11 Store#34813 Airport& Pine Ridge Project Address: 2495 Pine Ridge Road, Naples, FL 34109 Subdivision: Lot: Block: Unit: Tract: Folio No:254840003 Section: 11 Township:49 Range:25 Type of Construction: ROW Commercial Detail: Construction of a new turn lane, sidewalk removal and reconstruction 7-11 - 2495 Pine Ridge RD (Northwest corner Airport Pulling Road & Pine Ridge Road) 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: 7 ELEVEN INC Grant Distel CREIGHTON CONSTRUCTION &MANAGEMENT LLC 3200 Hackberry Rd 900 SW PINE ISLAND ROAD UNIT 202 Irving, TX CAPE CORAL, FL 33991 Telephone Number: 214-965-0990 Telephone Number: (239)210-0455 1.Work shall be performed in accordance with approved plan, stipulations 4. If the application is made by any person or firm other than the owner of specified as part of this permit and in accordance with Collier County Ordinance#the property involved,a written consent from the property owner shall be 09-19 and the"Public Right-of-Way Construction Standards Handbook,"latest required prior to processing of the application. edition. 5.Transportation Services Division approval does not exempt the permittee 2.Applicant declares that prior to filing this application he has ascertained the from gaining approval from any State,Federal or Local Agencies having location of all existing utilities, both aerial and underground. Any changes to any jurisdiction over the proposed work. utility shall be the responsibility of the Permittee for all cost. 6.This permit is contingent upon Permittee obtaining necessary rights of 3. If right-of-way permit is issued in conjunction with a residential building permit, entry for construction and maintenance where required right-of-way for the right-of-way permit expires upon completion of the residential building. public use has not been dedicated and accepted by Collier County. APPROVED BY: ARH Condition:Deviation request for reduced throat length,reduced turn lane length,and compensating ROW waiver on file. Condition:All other applicable state or federal permits must be obtained before commencement of the development. Condition:As Built Drawings are required prior to 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: Before commencement of any excavation,the existing underground utilities in the area affected by the work must be marked by Sunshine One Call,in accordance with State Statute Chapter 556"Underground Facility Damage Prevention and Safety",after proper notification to them by either calling 811 in Florida or toll free at 1.800.432.4770.Visit www.callsunshine.com for more information.Before commencing excavation for the work,potholing of all potential conflicts must be performed. Condition:Sunshine 811 Damage Prevention Guide Chapter 556,F.S.,sets a tolerance zone that extends 24 inches from the outer edge of each side of an underground facility. Locate marks show the approximate location of an underground facility.To be sure where that facility is located,you must expose it using a method below: •Hand digging at an angle toward the facility •Pot holing •Soft digging •Vacuum excavation methods •Other similar procedures Exposing the facility lets you see the facility size and the clearance you need to maintain during excavation.Digging within the tolerance zone requires special precaution and using mechanized equipment requires a spotter. Within existing pavement,soft digging will be required after removal of pavement associated with a permitted open-cut. Condition:The Road Alert Form shall be completed and returned to the email addresses listed at the top of the form a minimum of five business days prior to any sidewalk closure. 1 6 A 2 5 Please call 239-252-3726 to schedule required 830 inspection FIRST then subsequent inspections listed below. 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. 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OdNIV o 0 Q 0W U o � .�-- Ho2J cz r -arz-I w zzzwE W _ In - - .3NI13MO1 - ♦ d I- X0Qm w 0 � .`, o O QW W� � w W '' �. z O 0Z00J 0 4t g a � _ �Z� m a \ O Y w ? �gQ ocr a / Q Cl-Q z a v_ § z Ix o e- l'1 i i --- --.---- - �- s << > O o o g w w W O Iz o z = ~ o Jscn I : IW Og Z 1- w ¢ SD I i 'e j FL' a z z a 1� ..._� . a Z = z W w 2 Z , H - Z J Q , 0 0 0 -' 5 a cr 5 o a s o a I- (r) W / z z z ¢ i =z W ---- -" W 0 i w K U • �$~ w o Z o Z (9• w 2 F fn} ::::---7-,_,,,,__ a re = a ta7 0 �'o 0KQ w • m a ¢ W ? = Oa J v n 0 �z H m>- Q z w o o O > ¢ z ,m (�', L.0 I 0 0 o 0 cc zc, F iw Y} �'1 \ I W o 0 o F �¢¢Q o a ® Z a a a S2 3 0 w Fc I- o C7 II 0_ z E .- z g O L — H O Z Q wT- Q W O 0 -- >0 0 00 -•- — OV021 SS300V- — -- n. -,¢ 0 <w O _ _ ^o Q COI- 16A25 SCHEDULE " B" COLLIER COUNTY MAINTENANCE SPECIFICATIONS 16A25 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 ' "). 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,streetlight 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, signposts, 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 (1') of clearance from the edge of the pathway. IT is recommended that adjacent shrubs and groundcovers be maintained so that they angle or are rounded away from the pathway. 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. 1 of 6 i 6A25 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. F. TRAFFIC CONTROL: The Association shall comply with the requirements of Collier County Maintenance of Traffic (MOT) Policy, copies of which are available through Risk Management or the Purchasing Department. The Association shall obtain and review the County MOT policy requirements prior to submitting a bid. The Association will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standard Indexes,or other related documents,so to become familiar with the requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. To assist in employee visibility, employees servicing the area shall wear high visibility safety apparel in compliance with the most current editions of the FDOT Design Standards and the Collier County Maintenance of Traffic(MOT)policy. 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(17') canopy clearance over the roadways and a ten-foot(10')canopy clearance over all pathways. Canopy trees shall be selectively pruned twice per year in April and September so to thin the interior canopy of cross branching and to shape the canopy of the trees. The County's representative shall approve a professional licensed to prune tress under the direction of a Licensed Landscape Architect, Arborist, Tree Surgeon, or other approved professional shall do the pruning and sharpening. The work shall be performed per ANSI AS300 "Standard Practices for Trees, Shrubs, and other Woody Plant Maintenance" and done in a professional manner in accordance with "Pruning Standards"of the national Arborist Association or accepted local trade standards and practices. Palms shall be pruned annually during 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: The application of fertilizers shall follow Ordinance No. 2019-18. No Applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Prohibited Application Period, or to saturated soils. Follow UF/IFAS guidelines for turfgrass fertilization. Contractor/subcontractor must have valid licenses issued by Florida Department of Agriculture and Consumer Services for Limited Urban Commercial Fertilizer Applicator Certification (FDACS LUFAC). Provide fertilization services four (4) times a year in March, June, September, and December. Only twice (2) a year if using six(6)month application rate.Nitrogen content in any fertilizer must be at a minimum of 50%slow release. Contractor shall ensure that fertilization scheduling does not exceed the fertilizer label rate prescribed and complies with state and local ordinances. It is important to note that local fertilizer regulations may prohibit the use of nitrogen fertilizers during the summer months.Applied at a rate of 1.5 lbs.per 100 square feet.Broadcasted throughout the planting beds and turf areas. All tree pit areas should be fertilized evenly. 2 of 6 161105 No fertilizer ring around trees under any circumstances. If a ring is formed, contractor/subcontractor is required to return to the site and spread the fertilizer correcting the situation at their expense. This may include contractor/subcontractor purchasing additional fertilizer because applied fertilizer may not be able to spread. Immediately remove fertilizers from curbs and sidewalk areas to avoid staining. Fertilization Applications Contractor/subcontractor shall use deflector shields on all application equipment to minimize the inadvertent application of fertilizer in non-plant areas. Contractor shall blow, sweep, or wash back into the landscape any fertilizer deposited on paved or impervious surfaces.Use"Ring of Responsibility"around or along the shoreline of canals, lakes,or waterways. Ensure fertilizers and other lawn chemicals do not come into direct contact with the water. Apply fertilizer only when plants are actively growing. Clean up spilled fertilizer materials immediately as per University of Florida IFAS recommendations. Store nitrate-based fertilizers separately from solvents, fuels, and pesticides, because nitrate fertilizers are oxidants and can accelerate a fire. After fertilizing (other than when watering restrictions apply),irrigate with at least a quarter inch(1/4")of water following fertilization to avoid the loss of nitrogen and increase uptake efficiency. If water restrictions apply, the contractor may irrigate as permitted but no more than one-half inch(1/2")following fertilization. Do not exceed the annual nitrogen recommendations in the Fertilizer Guidelines for Established Turfgrass Lawns in Three Regions of Florida as provided on the label. Bed,Tree, Shrub, Palm,Flower,Groundcover Fertilization Broadcast fertilizer uniformly over all the landscaped areas, and consider root location, fertilization objectives, and plant species when applying fertilizer. In areas where tree or shrub fertilization zones overlap with lawn fertilization zones, the contractor shall fertilize one or the other of the plant types,but not both. Palm Fertilization Palms have different nutritional requirements from other landscape plants.They suffer quickly and conspicuously from inadequate mineral nutrition, whether due to insufficient or incorrect fertilization. Division's Landscape Supervisor will provide the fertilization schedule. Note: Fertilize palms with a granular slow-release fertilizer three to four times per year. An acceptable formulation is 8-0-12-4(N,P, K,Mg plus micro-elements),50%Slow Release. Turf Fertilization Treat deficiencies of specific nutrients with applications of the lacking nutrient in accordance with University of Florida IFAS recommendations until deficiencies are corrected, or as directed from Division Landscape Supervisor. Must have prior approval. Adjust fertilizer rates according to health, maturity, and desired growth patterns. Fertilization for Establishment During the establishment phase for shrubs,trees,and ground covers,fertilize landscape plants with a slow-release fertilizer as per University of Florida IFAS recommendations. Shrubs and groundcovers shall have the fertilizer blown or fan raked off following the broadcast application. Immediately after the fertilizer is applied, the areas shall be watered. H. 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. 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. 3 of 6 v) 16A25 J. 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 Association shall maintain on site reclaimed water irrigation signage. SUBSURFACE IRRIGATION SYSTEMS: No excavation or mechanical metal edging around plant beds shall be done within the Right-of-way. Mechanical metal blade edging is permitted along the back of curbing. Weekly Service Requirements: 1. A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the systems are functioning normally and if cuts,leaks,piping damage,flooded areas exist,and repair as necessary. This shall also include review and re-setting of the controller and in-ground moisture sensor adjustments or other rain sensing devices as needed. 2. System Computer/Controller a. Operate,adjust,and set controller to provide proper operation of the systems. b. Diagnose and repair electrical and mechanical malfunctions. c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings. d. Operate controller on automatic,manual,and single trip operation. e. Monitor controller standby battery backup and replace as required. 3. Automatic Control Assemblies and Quick Coupling Valves a. Review control valve assembly and by-pass system for proper settings. b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks;pressure gauge operation;proper settings and are clean of debris or mulch. 4. Pump Sites a. Inspect for proper operations. b. The Association shall record and provide to the County's representative the well water flow meter 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. 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 Association will trouble shoot each pump station, checking amperage draw and document the results for future reference. b. Manually run the system to ensure proper coverage and that no sprinkler head and nozzle are spraying onto the roadway. Clean and adjust sprinkler heads and nozzles and irrigation shields to ensure proper coverage. 4 of 6 bN;} 1 6 A 2 5 c. The Association will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. d. The Association will clean the strainers filters and inspect them for wear at the Pump Station. 5. Manually run the system with open flush caps and review sprinkler head indicators located at the end of zones. 6. Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at the end of zones where present to determine the system and porous piping is functioning properly. 7. Check,analyze and adjust flow control devices as required. Quarterly Service Requirements: 1. Review all subsurface system piping, valve assemblies, wiring, moisture sensors and controllers for overall operation and provide adjustments as required to assure proper operation and irrigation application. Conventional Pop-up Irrigation Systems: Weekly Service Requirements: 1. Each median zone shall be manually 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 Association shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent(100%)irrigation coverage. 5. Within all work areas the Association shall review the plant material and turf for dry conditions and if found correct the problem. Monthly Service Requirements: 1. Manually 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 Association shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent(100%)irrigation coverage. e. Within all work areas the Association shall review the plant material and turf for dry conditions and if found correct the problem. General Service Requirements for Irrigation Systems: 1. Should South Florida Water Management District or other governing agency establish water restrictions, the irrigation systems shall be inspected,and all other controllers set to the mandated hours of operation set by the District or Agency. Subsurface systems are exempt from water restrictions. 2. Replace defective heads or nozzles, install, or replace defective risers and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes/lids if caused by the Maintenance Association. 4. Inspect,clean,and replace,if necessary,screen/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. 5 of 6 b'\ 16A25 Miscellaneous Irrigation Maintenance Responsibilities: 1. Should the temperature be forecast to be below thirty-four (34) degrees, the Association shall be responsible for turning the irrigation system off to protect plants from possible freeze damage. 2. It shall be the Association's responsibility to notify the County's representative of any irrigation problems or additional irrigation maintenance needs. 3. The irrigation service personnel must trouble shoot time clocks,i.e.,power-in 110 volt and 24-volt fuses, 24 volts output when necessary. 4. The irrigation services personnel must trouble shoot any pump start relay, main fuses, and capacitors when necessary. K. 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 Associations shall clean-up debris if present,and or flag off the areas with protective barriers and/or high visibility hazard tape. Damaged areas must be repaired as quickly as possible. L. 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. 6 o f 6 16A25 SCHEDULE "C" SIGNING AUTHORITY 16A25 SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That 7-ELEVEN, INC., a Texas corporation, formerly known as The Southland Corporation, acting by and through Rankin L. Gasaway, Senior Vice President, General Counsel and Secretary, does hereby nominate, constitute and appoint Grant Distel, Senior Director of Development, as agent and attorney-in-fact ("Agent") of 7-Eleven, Inc. and its subsidiaries (collectively, "7-Eleven"), for purposes of executing and delivering instruments and documents as more particularly described below, and does hereby grant, delegate and invest said Agent with power and authority to execute and deliver for, in the name of, and on behalf of 7-Eleven, and in connection with the business and affairs of 7- Eleven,the following instruments and documents: 1. contracts, options, deeds, easements, rights of way, conveyances, bills of sale, access agreements, remediation agreements, escrow agreements, non- competition agreements, confidentiality and non-disclosure agreements, mortgages, security agreements, financing statements and such other agreements or instruments as he deems necessary in connection with the purchase, sale, conveyance or financing of real or personal property or any interest therein or relating to other transactions to which 7-Eleven is a party; 2. leases and subleases (and memoranda thereof) of real or personal property in which 7-Eleven is lessor, lessee, sublessor or sublessee, whether direct or indirect; and 3. subordination agreements, certificates, assignments, extensions, discharges, releases and satisfactions of accounts receivable, notes, bonds and mortgages, whether relating to real or personal property. Agent may exercise the power and authority herein granted, delegated and invested, in any particular and appropriate transaction or matter, either as an agent or attorney-in-fact of 7-Eleven. Any instruments and documents executed and delivered by Agent under this Special Power of Attorney shall be acts of 7-Eleven and may be relied upon by third parties dealing with 7-Eleven, such acts being hereby ratified and confirmed by virtue hereof This special power of attorney shall continue until revoked. APPROVED AND EXECUTED this 19th day of July,2018. Signed, sealed and delivered in the 7-ELEVEN, INC. Presence of the following witnesses: • — By: gnature of Witness Rankin L. Gasa y rlPneiShA �1� Ilec- Senior Vice President, Printed Name of Witness General Counsel and Secretary Special Power of Attorney—Grant Distel 16A25 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned, a Notary Public in and for the aforesaid County and State, on this day personally appeared Rankin L. Gasaway, Senior Vice President, General Counsel and Secretary, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said corporation and that he executed the same as the act of such corporation for the purposes therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I Vday of July,2018. •47004e, NO ARY PUBLIC My commission expires: ) 2 '''' TIAWANA HALL Notary Public,State of Texas la`: `r,"My Comm.Expires 12-5-2020 rat.......• + : Notary ID 13092091-2 Special Power of Attorney—Grant Distel 2021 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED 1 6 A 2 5 DOCUMENT# L20000309686 Jan 20, 2021 Entity Name: 34813 PINE RIDGE, LLC Secretary of State 7530214487CC Current Principal Place of Business: 2240 WEST FIRST STREET SUITE 101 FORT MYERS, FL 33901 Current Mailing Address: 2240 WEST FIRST STREET SUITE 101 FORT MYERS, FL 33901 FEI Number: 85-3560908 Certificate of Status Desired: No Name and Address of Current Registered Agent: HF REGISTERED AGENTS,LLC 1715 MONROE STREET FORT MYERS, FL 33901 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title MGR Name CREIGHTON, M. DAN Address 2240 WEST FIRST STREET SUITE 101 City-State-Zip: FORT MYERS FL 33901 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE: M. DAN CREIGHTON MGR 01/20/2021 Electronic Signature of Signing Authorized Person(s)Detail Date 16, 15 2021 FLORIDA LIMITED LIABILITY COMPANY AMENDED ANNUAL REPORT FILED DOCUMENT# L07000103128 Apr 22, 2021 Entity Name: CREIGHTON CONSTRUCTION & MANAGEMENT LLC Secretary of State 2362871512CC Current Principal Place of Business: 2240 W FIRST STREET SUITE 101 FORT MYERS, FL 33901 Current Mailing Address: 2240 W FIRST STREET SUITE 101 FORT MYERS, FL 33901 US FEI Number: 26-1210044 Certificate of Status Desired: No Name and Address of Current Registered Agent: CREIGHTON,M. DAN 2240 W FIRST STREET STE 101 FORT MYERS, FL 33901 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title MGRM Title MGR Name AFFORDABLE FAMILY HOMES,INC. Name INTL.LAND, INC. Address 2240 W FIRST ST,STE 101 Address INTL LAND INC-1329 EAGLE RUN DR City-State-Zip: FORT MYERS FL 33901 City-State-Zip: SANIBEL FL 33957 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that lam a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:M. DAN CREIGHTON MEMBER 04/22/2021 Electronic Signature of Signing Authorized Person(s)Detail Date 16A25 2021 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# P05000038241 Jan 20, 2021 Entity Name: AFFORDABLE FAMILY HOMES, INC. Secretary of State 0774094988CC Current Principal Place of Business: 2240 W FIRST ST,STE 101 FORT MYERS, FL 33901 Current Mailing Address: 2240 W FIRST ST, STE 101 FORT MYERS, FL 33901 US FEI Number: 20-2486446 Certificate of Status Desired: No Name and Address of Current Registered Agent: CREIGHTON,MARK D 767 CAL COVE DRIVE FORT MYERS, FL 33919 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title PVST Name CREIGHTON,MARK D Address 767 CAL COVE DRIVE City-State-Zip: FORT MYERS FL 33919 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that l am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE: MARK D CREIGHTON PVST 01/20/2021 Electronic Signature of Signing Officer/Director Detail Date f4