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Abbington Landscape Maint AgmtLANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement is entered into this Z4+�_day of 2011, by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "County "), and ABBINGTON VILLAGE CONDOMINIUM ASSOCIATION, INC. a Florida not - for - profit corporation, whose mailing address is c/o Guardian Property Management, 6704 Lone Oak Boulevard, Naples, Florida, 34109 (hereinafter referred to as "Association "). RECITALS: WHEREAS, County is the holder of that certain Drainage Easement located in Collier County, Florida, created and dedicated to the perpetual use of the public by the plat of Lely Golf Estates Tract Map, recorded in the public records of Collier County in Plat Book 8, Page 20, as later modified by the recording of the plat of Lely Golf Estates St. Andrews West in Plat Book 10, Page 93 of the public records of Collier County (hereinafter referred to as the "Drainage Easement "); and WHEREAS, County intends to utilize a large part of the above - referenced Drainage Easement to improve a segment of the Naples Manor North Canal as part of the Lely Area Stormwater Improvement Project; and WHEREAS, utilization of County's Drainage Easement for the construction of improvements to the Naples Manor North Canal will necessitate removal of the existing vegetation from the Drainage Easement, which vegetation has served as a visual buffer from the existing section of the Naples Manor North Canal located immediately to the south of Abbington Village; and WHEREAS, County, desires to restore for the Association a visual buffer from the Naples Manor North Canal within the northerly five (5) feet of the Drainage Easement (hereinafter referred to as the "Hedge ") after the existing vegetative buffer has been removed and the County's improvements are constructed; and WHEREAS, County desires to allow Association to choose from selected plant species for the Hedge; and WHEREAS, Association desires to assume all maintenance responsibilities for the Hedge after its installation. NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. I of 5 INSTR 4665202 OR 4771 PG 1020 RECORDED 3/6/2012 11:30 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $44.00 2. County at its sole cost and expense shall plant Sweet Viburnum within the northerly five (5) feet of the Drainage Easement, and shall have sole discretion in the manner of planting and the size of the Hedge plant material installed initially, except that the Hedge plants shall be 10 gallons in size at time of planting, spaced five feet on center, and County shall replace any Hedge plants which fail to survive for a period of one year from the date of their planting along the entire length of the drainage easement where it crosses the Association property. Should there be any conflict between the existing Royal Palm tree located approximately 30 feet west of Association's Building G and the County's proposed improvements, County, at its sole cost and expense, shall relocate the said tree to a new location in the same general area such that conflicts with County's proposed improvements are eliminated. 3. The Hedge shall be trimmed and maintained by the Association such that leaves and branches are confined within the northerly 5 feet of the Drainage Easement. Should Association fail to trim and maintain the Hedge in the manner specified above, County may provide notice to Association in writing, specifying the nature of the deficiency. Within ten (10) working days following receipt of such notice, Association at its sole cost shall cure the deficiency. In the event Association fails to cure the deficiency County may cure the deficiency, without the need for prior notice to the Association, and will promptly bill the Association for all actual costs incurred in curing the deficiency. The Association shall reimburse the County for such costs within thirty (30) days of receipt of the County's bill. 4. Association shall indemnify and save harmless County, including all employees of County, from any claim of loss or damages, including attorneys' fees and costs of litigation, allegedly incurred or suffered as a result of the Association's use of the Drainage Easement for the purposes set forth in this Agreement. This indemnification shall extend to all individuals and entities employed by the Association for the purposes maintaining the Hedge. 5. The indemnity provided for by this Agreement will extend from the effective date of this Agreement until such time as the parties hereto acknowledge in writing that the Association has ceased to use the Drainage Easement for the purposes stated within this Agreement and this Agreement has been terminated. 6. County shall provide Association with thirty (30) calendar days written notice of County's intention to begin construction within the Drainage Easement. Whereupon Association shall promptly remove from the Drainage Easement any and all improvements which the Association desires to retain. Upon commencement of construction, any and all improvements located within the Drainage Easement shall be removed and disposed of by County's construction contractor with no liability therefore, except that the Royal Palm tree referenced in Paragraph 2 shall be relocated at the expense of County prior to commencement of construction. 2of5 7. Unless terminated as set forth below, this Agreement shall remain in full force and effect in perpetuity from the date first set forth above, and shall be binding upon the parties and all their successors in interest. In the event this Agreement is terminated by the Association for whatever reason, then the Association shall be responsible for removal of the Hedge at its sole cost and expense. In the event this Agreement is terminated by County due to Association's failure to cure cited deficiencies, then upon written demand by County, the Association shall remove the Hedge at its sole cost and expense. 8. In the event either party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 9. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. A copy of the recorded Agreement will be provided to the Association. 10. This Agreement is the entire agreement between the parties, and supercedes all previous oral and written representations, agreements and understandings between the parties. This Agreement shall be governed by the laws of the State of Florida, and may not be altered or amended in any way, save by written agreement signed by both parties. 11. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. 12. Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or registered or certified mail, return receipt requested, postage prepaid or personal delivery addressed as follows: If to County: Attn: Jay Ahmad Director, Transportation Engineering & Construction Management 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239 - 252 -8192 Fax 239 -530 -6643 With a copy to: Jeffery A. Klatzkow County Attorney Office of the County Attorney Harmon Turner Building 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 Telephone 239 - 774 -8400 Fax 239 - 774 -0225 3 of 5 If to Owner: Gary Hyrcych 252 Pebble Beach Circle Suite C -202 Naples, Florida 34113 Telephone: (239) 404 -0898 With a copy to: John Barrett Guardian Property Management 6704 Lone Oak Boulevard Naples, Florida 34109 Telephone (239) 514 -7432 Facsimile (239) 514 -7759 In Witness Whereof, the parties have caused these presents to be executed on the day and date first above written. As to ,f _C Dwight E ro " As to Association: WITNESSES: (Si ature) MIMMLE L. SWEE? tc S (Print full na e) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .-� W. C'J"� FRED W. COYLE, ChairmaW ABBINGTON VILLAGE CONDOMINIUM ASSOCIATION, INC., a Florida not - for -profit corporation By: (Signatu�e') (Print f ll name) A-, - (Corporate Title) 4of5 STATE OF FLORIDA COUNTY OF COLLIER THIS LANDSCAPE MAINTENANCE AGREEMENT was signed and acknowledged on this day of '*b/-CL,"L ' , 2011, before me, the undersigned notary public, by 6L4 %6A)A:: S 14f4 V (R , as pazq'.LA of Abbington Village Condominium Association, Inc., a Florida not - for -profit corporation, on behalf of the corporation, who: is personally known to me, OR produced (SEAL) V Aproved as to Legal Form and Sufficiency Jekf Wright Ass ant County Attorney as proof of identity. Notary Pub tc (Signature) (Print full name) My Commission Expires: 5 of 5 MICHELLE L. SWEET ^" 1 MY COMMISSION # DD852284 EXPIRES: March 06, 2013 NOIARY FI. Notary Discount Assoc. Co.