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SCRWTP 8MG RO Expansion
Memorandum TO: FROM: DATE: RE: Ellie Hoffman Records Technician III Minutes & Records Management Cindy Erb Sr. Property Acquisition Specialist Real Property Management Department December 11,2002 SCRWTP 8MG RO Expansion - Force Main - FPL Agreement Please find attached one (1) oriqinal recorded Memorandum of Right-of-Way Consent Agreement, and one (1) original Right-of-Way Consent Agreement for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the conveyance pursuant to Agenda Item 16 E 2, dated January 22, 2002, (Resolution 2002-38). Please contact me if you have any questions or comments at 8917. Thank you. attachments as stated Office of the Real Property Management Department prepared Ellen T, Ch~ll, ES4NIre Office of ~ne m,~untY ~t t~st ~i"~!m~ Trail Na~ ~c~, Florida {HUO~NDU{ OF RmGHT-OF-~AY CONSHNT THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this~ A~ day of '"~~, 2002, by and between COLLIER COUNTY, a~ political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the "County") and FLORIDA POWER & LIGHT COMPANY, a Florida corporation (hereinafter referred to as "Company"); WHEREAS, on the ~1/,~--- day of ..~ , 2002, Company and County entered into a written Right-of-Way uonsen' tA,greement, hereinafter referred to as the "Agreement" related to certain property situated in the County of Collier, State of .% o~ Florida as more particularly set forth in said Agreement and described in Exhibit "A" ~. ~ attached hereto and made a part hereof and hereinafter referred to as the "Lands", and ~ ~- ~ WHEREAS, the parties are desirous of making their interest therein a matter of public record. NOW THEREFORE, in consideration of mutual covenants herein contained and the parties intending to be legally bound thereby, the parties hereto agree as follows: The property described in Exhibit "A" is subject to a right-of-way in favor of Company recorded in Official Records Book 681, Page 1210, et seq., of the Public Records of Collier County, Florida. The Agreement provides, among other things, County's right to construct certain improvements upon the Lands including, but not limited to, a force main system as depicted on Exhibit "A" attached hereto. The Agreement is assignable to purchasers of all or a portion of the Lands provided that the purchasers assume the obligations under the Agreement and specifically acknowledge and agree that the use of the property and improvements to be placed on the property are strictly limited to those depicted on that certain plan of improvement attached to the Agreement and are otherwise subject to the terms of the Agreement. IN WITNESS WHEREOF, the parties Agreement on this hereinabove written date. :: A,T. TES,T.',. ~. ,. D, WIGHT.E.'~ROCK, Clerk Deputy Clerk Attest as to ChafrIaa'$ signature on)$. ~ Pri~~~ame Signature Printed/Typed Name have executed this Memorandum of BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA N. COLETTA, FLORIDA POWER & LIGHT COMPANY Its: West Area Real Estate IV~nager Print Name: C.W. Mathys THIS C©NV?¢'". ~',:'"' F :'..~:'~:~OVEED BY THE BOARD C? COLLIER C" ~ ,~i,.:'r~ PURSUAt,Y'r Memorandum of Right-of-Way Consent Agreement OR: 3159 PG: 3060 Page 2 STATE OF FLORIDA COUNTY OF SARASOTA The foregoing instrument was acknowledged before me this N~v'~',.n~¢~',< , 2002 by C.W. Mathys, as West Area Real Estate FLORIDA POWER & LIGHT COMPANY, a Florida corporation, on corporation. He is personally known to me or who has produced [type of identification] as identification. ~1~ day of Manager, of behalf of the WITNESS my hand and official seal this ~ ~ day of N~,-o,'¢'~ 2002. (affix notarial seal) (Signature of Notary I~blic) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: Approved as to form and legal sufficiency: Assistant County Attorney *** OR: 3159 PG: 3061 *** o I I i RIGHT-OF-WAY CONSENT AGREEMENT FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department, hereinafter referred to as "Company", hereby consents to the Collier County Board of Commissioners, whose mailing address is 3301 Tamiami Trail East, Naples, FL, 34112, hereinafter referred to as "Licensee", using an area within Company's right-of-way granted by that certain agreement recorded in O.R. Book 681, at Page 1210-1213, of the Public Records of Collier County, Florida. The said area within Company's right-of-way, is hereinafter referred to as the "Lands". The use of the Lands by Licensee, shall be solely for the purpose of a 4" force main tie-in, as shown on the plans and specifications submitted by Licensee, attached hereto as Exhibit "A". In consideration for Company's consent and for the other mutual covenants set forth below, and for Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee does not own said Lands; to obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the Lands by Licensee pursuant to this Agreement. 2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devices, or improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest, Company from time-to-time may require Licensee, to relocate, alter, or remove its facilities and equipment, including parking spaces and areas, and other improvements made by Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove said facilities, equipment, parking spaces and areas, and other improvements within thirty (30) days of receiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and expense of Licensee and at no cost and expense to Company; provided however, should Licensee, for any reason, fail to make such relocation, alteration, or removal, Company retains the right to enter upon the Lands and make said relocation, alteration, or removal of Licensee's facilities, equipment, parking spaces and areas, and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand. 3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section Page 1 of 4 Form 3740 Rev. 10/9/95 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]), petroleum products, liquids or flammables shall be placed on, under, transported across, or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous condition, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost and expense, correct such condition or situation; provided however that the Company retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement. 4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen (14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein, shall be made which will result in preventing Company access to its facilities located within said Lands. Unless otherwise provided herein, Licensee agrees to maintain a forty (40) foot wide setback, twenty (20) feet on each side, from Company's facilities. 5. Trees, shrubs, and other foliage planted or to be planted upon the Lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade. 6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade and all poles or standards supporting light fixtures are to be of a non-metallic material. 7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and finger roads are to be buffed at a minimum depth of one (1) foot below existing road grade. 8. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high voltage electricity and agrees to use all safety and precautionary measures when working under or near Company's facilities. 9. Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris. Except as provided herein, Licensee further understands and agrees that certain uses of the Lands are specifically prohibited; such uses include but are not limited to recreational purposes, hunting and camping, and Licensee agrees to notify its employees, agents, contractors, and invitees accordingly. Page 2 of 4 Form 3740 Rev. 10/9/95 10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use of the Lands for its purposes. 11. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for all cost and expense involved with such relocation, rearrangement or change. 12. Each party hereto agrees that it shall be responsible for its own negligent acts or omissions. Nothing contained in the Section shall be construed to be a waiver or any protections under sovereign immunity, Section 768.28, Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this Agreement. Cell,'o" 13. The Board of ~,~anatc¢ County Commissioners is self insured for all liability claims and related expenses pursuant to the provisions of Florida Statute 768.28. 14. This Agreement will become effective upon execution by Company and Licensee and will remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless earlier terminated upon ninety (90) days written notice by Company to Licensee, or at the option of Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein. 15. The use granted herein as shown on Exhibit "A" shall be under construction by Licensee within one (1) year of the effective date of this Agreement and the construction shall be diligently pursued to completion. Licensee shall give Company ten (10) days prior written notice of its commencement of construction. "Under construction" is the continuous physical activity of placing the foundation or continuation of construction above the foundation of any structure or improvement permitted hereunder. Under construction does not include application for or obtaining a building permit, a site plan approval or zoning approval from the appropriate local government agency having jurisdiction over the activity, purchasing construction materials, placing such construction materials on the site, cleating or grading the site (if permitted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially all construction activity has remained stopped for a period of two (2) months or more. Licensee acknowledges that failure to have the use under construction within the one (1) year time period will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for failing to comply with the provisions contained herein unless Licensor grants a written extension for a mutually agreed upon time. Any request for an extension of time shall be submitted in writing by Licensee no later than thirty (30) days prior to the expiration of the one (1) year period for the project to be under construction. 16. The term "Licensee" shall be construed as embracing such number and gender as the character of the party or parties require(s) and the obligations contained herein shall be absolute and Page 3 of 4 Form 3740 Rev. 10/9/95 primary and shall be complete and binding as to each, including its successors and assigns, upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise. 17. Should any provision of this Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. In the event of any litigation arising out of enforcement of this Consent Agreement, the prevailing party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees. 18. Licensee may assign its rights and obligations under this Agreement to a solvent party upon prior written consent of the company, which consent shall not be unreasonably withheld. The parties have executed this Agreement this c~/~,~ day of "~ oq.,a,,,~Z,.z4/ ,2002. Witnesses: Signature: Print Name: FLORIDA POWER & LIGHT COMPANY Its: West Area Real Estate Manager Print Name: C. W. Mathys ATTEST': ......... D W: ,I~' m. ~; 5..ftP,,~. C K? Clerk Clerk s~gnature ~l]. Asststant Counts Atto~ne7 Ellen T. Ch&d~11 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: //',,._._ ,r/, ~,.-~.,_~.~,' JAMEg3~. COLETTA, Chai~-man Page 4 of 4 Form 3740 Rev. 10/9/95 6g0.82' N89'31'01"E z r~ Z N