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Agenda 09/12/2017 Item #16C309/12/2017 EXECUTIVE SUMMARY Recommendation to approve a Right-of-Way Consent Agreement and associated Memorandum with Florida Power & Light Company, providing for construction of a portion of phase 6A of the Livingston Road Force Main on property located south of Livingston Road and Pine Ridge Road intersection within Florida Power & Light Company’s power-line right-of-way. OBJECTIVE: The public purpose is to connect the north and south water reclamation facilities. To obtain authorization from the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water -Sewer District (hereinafter referred to as “Board") to allow its Chairman to execute the attached Right -of-Way Consent Agreement and Memorandum with Florida Power & Light Company (FPL), which provides for construction of approximately a one quarter (1/4) mile long wastewater force main and relocation of the existing 8” force main on property located south of the Livingston Road and Pine Ridge Road intersection (hereinafter referred to as the “Project”), within the limits of FPL’s power-line right-of-way. This project is formally referenced as the Livingston Road Force Main Phase Six A also known as the Western Interconnect. CONSIDERATION: The proposed scope of work under Project Number 72009, “Western Interconnect,” is consistent with the Capital Improvement Program (CIP) contained in the Water, Wastewater, Irrigation Quality Water, and Bulk Potable Water User Rate Study approved by the Board of County Commissioners on J une 10, 2014, as Agenda Item 11C. Funding for Project Number 72009 is available in, and consistent with, the FY2017 CIP Budget. FISCAL IMPACT: The cost of recording the Memorandum of Right-of-Way Consent Agreement will not exceed $200. Funding is available in, and is consistent with the FY2017 Capital Budget approved by the Board of County Commissioners on September 22, 2016. The source of funding is Wastewater User Fee Fund (414). LEGAL CONSIDERATION: This item is approved as to form and legality, and requires majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: The project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: To Approve and authorize the Chairman to execute the attached Memorandum of Right-of-Way Consent Agreement, and Right-of-Way Consent Agreement; and authorize the County Manager or his designee to record the Memorandum of Right-of-Way Consent Agreement in the Public Records of Collier County, Florida. Prepared by: Cindy M. Erb, Senior Property Acquisition Specialist, Division of Facilities Management ATTACHMENT(S) 1. FPL Memo of Consent Agreement signed by JAB (PDF) 2. FPL Consent Agreement signed by JAB (PDF) 16.C.3 Packet Pg. 1179 09/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doc ID: 3550 Item Summary: Recommendation to approve a Right-of-Way Consent Agreement and associated Memorandum with Florida Power & Light Company, providing for construction of a portion of phase 6A of the Livingston Road Force Main on property located south of Livingston Road and Pine Ridge Road intersection within Florida Power & Light Company’s power-line right-of-way. Meeting Date: 09/12/2017 Prepared by: Title: Property Acquisition Specialist, Senior – Facilities Management Name: Cindy Erb 07/31/2017 3:42 PM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 07/31/2017 3:42 PM Approved By: Review: Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 07/31/2017 3:53 PM Public Utilities Department Margie Hapke Additional Reviewer Completed 07/31/2017 4:15 PM Wastewater Steve Messner Additional Reviewer Completed 08/01/2017 9:38 AM Facilities Management Toni Mott Additional Reviewer Completed 08/01/2017 11:47 AM Facilities Management Dennis Linguidi Additional Reviewer Completed 08/01/2017 5:22 PM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 08/03/2017 11:16 AM Public Utilities Planning and Project Management Michael Stevens Additional Reviewer Completed 08/04/2017 2:41 PM Public Utilities Planning and Project Management Craig Pajer Additional Reviewer Completed 08/04/2017 3:18 PM Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 08/13/2017 8:58 PM Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 08/14/2017 3:45 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 08/14/2017 4:08 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/16/2017 12:04 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/17/2017 8:36 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/17/2017 3:33 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 08/21/2017 2:33 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/24/2017 4:15 PM 16.C.3 Packet Pg. 1180 09/12/2017 Board of County Commissioners MaryJo Brock Meeting Pending 09/12/2017 9:00 AM 16.C.3 Packet Pg. 1181 This Instrument Prepared By: Mark L. Byers Florida Power & Light Company P.O. BOX il l9 Sarasota, FL 34230 ⅣIEⅣ10RANDUⅣ1 0F RIGHT-OF―WAY CONSENT AGREEⅣIENT THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this _ day of _,2017 , by and between BOARD OF COLINTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNTNG BOARD OF THE COLLIER COTINTY WATER- SEWER DISTRICT, whose mailing address is 3335 Tamiami Trail East, Suite l0l, Naples, Florida 34112-5356, (hereinafter referred to as "Licensee"), and 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"). WITNESSETH: WHEREAS, on the _ day of , 2017, Company and Licensee entered into a written Right-of-Way Consent Agreement (hereinafter referred to as the "Agreement") related to certain property situated in the County of Collier, State of 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 placing their interest therein as a matter of public record. NOW THEREFORE, in consideration of the mutual covenants herein contained and the parties intending to be legally bound thereby, the parties hereto agree as follows: 1. The property described in Exhibit "A" is subject to a right-of-way in favor of Company recorded in O.R. Book 162, at Page 205, O.R. Book 432, at Page 726, and O.R. Book 429,atPage354 of the Public Records of Collier County, Florida. 2. The Agreement provides, among other things, Licensee's right to construct certain improvements upon the Lands including, but not limited to, installation, operation and maintenance of a 24 inch force main, subject to certain conditions and restrictions. 3. Licensee may assign its rights and obligations under this Agreement to a solvent party upon written consent of the Company, provided that said party assumes the obligations under the Agreement and specifically acknowledges and agrees that the use of the 16.C.3.a Packet Pg. 1182 Attachment: FPL Memo of Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) property and improvements to be placed on the property are strictly limited to those depicted on a certain plan of improvement and are otherwise subject to the terms of the Agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement on the date hereinabove written. Company: FLORIDA POWER & LIGHT COMPANY By:. Its: Print Name: Mark L. Bvers State of Florida County of Sarasota ) )ss: ) On this JA day of *I" \.n ,2017, before me, the undersigned Notary Public, personally upp.*d tutu.k L. Bye.s, Corp&ate Real Estate Manager of plorida Powei & Light Company, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized to do so. In Witness Whereof, I hereunto set my h and official seal. βθαク AR IC, STATE OF FLORIDA Print Name: My Commission Expires: Name (Print): (Execution continued on next page.) Commission No.: Witnesses: 16.C.3.a Packet Pg. 1183 Attachment: FPL Memo of Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) ATTEST: BOARD OF COUNTY COMMISS10NERSCOLLER COUNTY,FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY AND ASTHE EX-OFFICIO GOVERNING BOARD OF THE COLLER COUNTY WATER―SEWER DISTRICT DWIGHT E.BROCK,Clerk BY:BY: Deputy Clerk Chaillllan APPROVED AS TO FORM&LEGALITY Mcmorandum ofRight‐ofヽ Vay Conscnt Agrccmcnt Fom Rcv.03.09.2012 16.C.3.a Packet Pg. 1184 Attachment: FPL Memo of Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) 脚 lB′アツ「 MATCHLINEISHEET 2 ルに御を写照 “ θ l ∩御4の Pθ 初 1 日:| || | ´:LINE TABLE LINE BEARINC DISTANCE L￢S44・ 39'29"W 50.98' ||1日 NL bLAKINし団blANし Ll l l l l O ミ|1日 S44・ 39'29"W50.98'| || | 1彙 ∽:| |l r鮒鰍件 1菫. /n●● ′ク● ●´ マξ∠1塁| 。´l l l 御僣ρθ刷 I F三| ∬ノ| | |≧日』 :| ノ~剛 Pに θωκθス′γEI 題_IL瓢 |「Ml躙伯″σ :1 褻酢詈ッサil iヒ ________一三二Lゴ上__上雨要〒膏爾率■三型彎撃寧二Ъ奪輩F ~~~~~~~~ ~T- 62.18: l S∂θ5′ ′アイ〃″′55 θθ′ 8 Pス PC■Ⅳα 527」′θθJθ 2J 千 KttζlNした弱戌″κか,ssN Ⅳθ Ls89°51:14∥W15.00' 員 6a?∂」Jtt ρθ 2∂2リ 8 NOT A SURVEY P.θ o a 塁k話 ⅧE野甲鮮'提性ズl「■轟#1羊。【 NttDCE Ⅳ 電紹霧澁 S絆朧と,1117Lモ γЬι:F :需含 C晰 :月綱践甜‰闘:鶴 ξ%ど訴絆:RANCE 圧旧「溜釧卜に脇γ″υ鼎 “ ♂脇 2♀ヤA乙膳F[L95卿謂剛晰鼎 M早 FRPtt PURSUANT|e TO CHAPTER 472, FLORIDA STATUTES, NOTES: : Barry Ee Syren鸞詐難籠胆廟撒l詔猛l■[ ・ RT器 _謂 °器せ腑器。NARRttrSttEttNよ忌 WE評 8 _________――一――――――――一―――――一一一一―――――― RIGHT-OF―WAY BEARS S 00・ 08'46"E gF含 5F≧3。凝鴨燎。rittRMA晩 ∫② 2:,NKlRH滉 ‰蘊 TMttT器 |。ミ『喘 NwPNttE辞 , FLORIDA CER￢FICATE N0 53653 3. PARCEL CONTAINS 30,229 SQUARE FEET(0 69 ACRES)MORE OR :揚 1 漁蘇:[蟄[褥 Iu… (INTENDED DISPLAY SCALE: 1',=60,) ENGINEERING 」OHNSON ENCINEERINC, INC. 2550 STANFORD COURT NAPLES, FLORIDA 34112PHONE:(259)454-0335FAX:(259)554-5661EB #642 & LB #642 SKETCH TO ACCOMPANY DESCR:PT:ON SECT10N 13,TOVVNSHIP 49 SOUTH,RANGE 25 EAST COLLIER COUNTY,FLORIDA 11-19」7酬理霜0:L051日 tl19_251∝ Aft6σ FHE7。F4 OHN 16.C.3.a Packet Pg. 1185 Attachment: FPL Memo of Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) ρス′3EL Ⅳο Oθ2589アイθθ′ ι′//NCS、NPRθ CEN五日P lι θ rau`ァのκ2aJ″ SHEET 3 κ脇胴嗽件 l rttθ ィ29 κ J54' にsr溜釧卜a「―И “ γ 解∬″田馴の iSHEET l *NOT VALID W「HOU「 SHEEFS 4 0F 4 ENGINEERING 」OHNSON ENGINEERINC, INC 2550 STANFORD COURT NAPLES, FLORIDA 54112PHONE:(259)454-0555FAX:(259)554-3661EB #642 8c LB #642 SKETCH ttO ACCOMPANY DESCRIPT10N SECT10N 13,TOVVNSHIP 49 SOUTH,RANGE 25 EAST COLLIER COUNTY,FLORIDA 06-19-17 酬棚Oll:051犠主19_25 1''=60'2 0F 4 16.C.3.a Packet Pg. 1186 Attachment: FPL Memo of Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) S89°22'52"E7.13: (INTENDED DiSPLAY SCALE: 1"=60') ′湾Paュ θθ」NDA′γ MATCHL:NE r砕柳毛件燿「溜θリト″―″Иγ `θ スgS r θ “ R=NCS) Pス PCEL 7Va θ02589アイθθ′ ιルⅣ6SttaV月 ?θ 3[N疋ア ιιθ 10RB 4′θ, Pθ 2θ 50 鰺 *NOT VALID WITHOUT SHEETS ‐―――――S00°14152"E21.09' 4 0F 4 」OHNSON ENCINEERINC, INC2550 STANFORD COURT NAPLES, FLORIDA 34112 Wi夢 ]5鮮弼ENGINEERING SKETCH TO ACCOMPANY DESCRIPT10N SECT!ON 13,TOWNSHIP 49 SOUTH,RANGE 25 EAST COLLIER COUNTY,FLORIDA 06-19-17 20149700-105 ち当9-251｀しAI=60' 3 0F 4 /va?フィιlNE" 剛 ′α■ θθじNDARγ 瞥||OHN 16.C.3.a Packet Pg. 1187 Attachment: FPL Memo of Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) DESCRIPTION PARCEL OF LAND SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA A TRACT OR PARCEL OF LAND LYING IN SECTION lJ, TOWNSHIP 49 SOUTH, RANGE25 EAST, COLLIER COUNTY, FLORIDA, BENG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHEAST CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE WEST RIGHT_OF_WAY OF LIVINGSTON ROAD, THENCE S.89'51,14,'W. DEPARTING SAID WEST RIGHT-OF_WAY, A DISTANCE OF 155.00 FEET ALONG THE SOUTH LINE OF SAID DESCRIBED LANDS TO AN INTERSECTION WITH THE EAST LINE OF A 125 FOOT WDE FLORIDA POWER AND LIGHT COMPANY EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 429, PAGE 354, OF SAID PUBLIC RECORDS; THENCE N.OO'08'46"W. ALONG THE EAST LINE OF SAID EASEMENT,A DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEG]NNING, THENCE S.89'51'14''W. DEPARTING SAID EAST LINE,A DISTANCE OF 62.18 FEET; THENCE N.00'25'57"W., A DTSTANCE OF 9J.70 FEET; THENCE S.44'39'29"W., A DISTANCE OF 50.96 FEET; TNENCE S.OO'OB'46"E., A DISTANCE OF 65.05 FEET TO AN INTERSECTION WTH SAID SOUTH LINE OF SAID DESCRIBED LANDS: THENCE S.89'51''14"W. ALoNG SAID SoUTH L|NE, A DTSTANCE OF 15.00 FEET; THENCE N,OO'08'46"W, DEPARTINC SAID SOUTH LINE, A DISTANCE OF 71.21 FEET: THENCE N.4439'29"E., A DISTANCE OF 65.06 FEET; THENCE N.O0'25'57"W., A DISTANCE OF 1,214.92 FEET; THENCE N.44'34'03"E., A DTSTANCE OF 91.57 FEET TO AN INTERSECTION WTH THE NORTH LINE OF SAID DESCRIBED LANDS; THENCE S.A9'22'52" E. ALoNG SAID NoRTH LINE, A DISTANCE OF 7.13 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE AFOREMENI1ONED FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE S.0014'52"E. ALONG SAtD EAST LtNE, A DISTANCE OF 21.09 FEET; THENCE S.44'34'03"W. DEPART|Nc SAtD EAST LtNE, A DISTANCE OF 73.27 FEET; THENCE S.00'25'57"E., A DISTANCE OF 1,301.60 FEET; THENCE N.89'51'14"E., A DISTANCE OF 47.26 FEET; THENCE S.00'08'46"E., A DISTANCE OF.]5,00 FEET TO THE POINT OF BEGINNING. CONTAINING 30,229 SQUARE FEET OR 0.69 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON ARE BASED ON THE I4/EST RIGHT_OF_WAY OF LIVINGSTON ROAD, WHEREIN SAID WEST RIGHT-OF_WAY BEARS 5.00'08'46''E. sNor vALtD wtrHour sHEfls r rHRoucH 4 oF 4. OOHNSoN ENCINEERINC. INC2350 STANFORD COuRT NAPLES, FLOR,DA 34112 T;劇響弼ENGINEERING DESCRIPT10N 06-19-17 20140フ 00-105 13-49-25 N/A 4 0F 4 16.C.3.a Packet Pg. 1188 Attachment: FPL Memo of Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) Structure No.:143M5,266M3,A266M3,143M6,266M4,A266M4 Section,Township,Range: 13-49-25 Easement No.:8A-84,98,99 RIGHT.OF.WAY CONSENT AGREEMENT (Governmental Entity) FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate RealEstate Department, hereinafter referred to as "Company", hereby consents to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing address is 3299 Tamiami Trail East, Naples, FL 34112, hereinafter referred to as "Licensee", using an area within Company's righrof-way granted by that certain agreement recorded in O.R. Book 162, at Page 205, O.R. Book 432,atPage726, and O.R. Book429, at Page 354, Public Records of CollierCounty, Florida. The said area within Company's right-of-way, hereinafter referred to as "Lands", is more particularly described on Exhibit "A" attached hereto. The use of the Lands by Licensee shall be solely for the purpose of installation, operation and maintenance of a 24 inch Force Main within the FPL easement as shown on the plans and specifications submitted by Licensee, attached hereto as Exhibit "B". 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 ofthe 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 notiff 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 ninety (90) days of receiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and expense ofLicensee 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 101 (14) of the Paqe l of 10 Form 3740GROW Rev. 07/31/12 ① 16.C.3.b Packet Pg. 1189 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) 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 indemnifz 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 one hundred and fifty (150) foot wide are4 clear of any activities, with a lineal measurement of seventy five (75) feet on each side of the centerline of Company's existing and planned facilities. 5. Licensee understands and agrees that the planting oftrees, shrubs, and other foliage capable of exceeding fourteen (14) feet in height at full maturity is not permitted within Company's Lands. 6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height offourteen (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 buried at a minimum depth of one (1) foot below existing road grade. 8. Licensee agrees to wam 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. Licensee hereby acknowledges the receipt and required execution of Form 360 "Exhibit C" prior to the commencement of construction within the Lands. 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. 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. I 1. 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 Paqe 2 of 10 Form 3740GROW Rev 07/31/12 ① 16.C.3.b Packet Pg. 1190 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for all cost and expense involved with such relocation, reiurangement or change. 12. Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees subject to the limitations contained in Section 768.28, Florida Statutes, if applicable, to indemniff and save harmless Company, its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees (hereinafter referred to as the "FPL Entities"), from all liability, loss, cost, and expense, including attomeys' fees, which may be sustained by FPL Entities to any person, natural or artificial, by reason of the death of or injury to any person or damage to any properfy, arising out of or in connection with the herein described purposes by Licensee, its contractors, agents, or employees; and Licensee agrees subject to the limitations contained in Section 768.28, Florida Statutes, if applicable, to defend at its sole cost and expense and at no cost and expense to FPL Entities any and all suits or action instituted against FPL Entities, for the imposition of such liability, loss, cost and expense. 13. Licensee shall, and shall cause each ofLicensee's contractors and subcontractors performing work in connection with the Project during the period of this Agreement, to procure and maintain at Licensee's and such contractors' and subcontractors' sole expense, the following minimum insurance, with insurers with a rated "A-, VII" or higher by A.M. Best's Key Rating Guide that are licensed to do business in the State of Florida, or as may be approved in writing by COMPANY's Risk Management Department from time to time: (i) Workers' Compensation Insurance for statutory obligations imposed by applicable Florida law, including, where applicable, the United States Longshoremen's and Harbor Workers' Act, the Maritime Coverage and the Jones Act; (ii) Employers' Liability Insurance, including Occupational Disease, shall be provided with a limit of One Million Dollars ($1,000,000) for bodily injury by accident, with a limit of One Million Dollars ($1,000,000) for bodily injury by disease/policy and with a limit of One Million Dollars ($1,000,000) for bodily injury by disease/employee; (iii) Automobile Liability Insurance which shall apply to all owned, non-owned, leased and hired automobiles in an amount with minimum limits of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage per accident; and (iv) General Liability Insurance, written on Insurances Services Office form GC 00 01 1204 (or equivalent) covering liability arising out of premises, operations, bodily injury, property damage, products completed and liability insured under and insured contract (sometimes referred to broad form contractual liability), with minimum limits of One Million Dollars ($1,000,000) combined single limit per occurrence, which shall insure the indemnity obligations assumed by Licensee under this Agreement. Except for the Workers' Compensation Insurance, the FPL Entities shall be designated as an additional insured on Licensee and/or Licensee's contractors insurance policies required to be maintained under this Agreement. All policies of insurance required to be maintained by Licensee and Licensee's contractors and subcontractors hereunder shall provide and each of Licensee, and Licensee's contractors and subcontractors, shall cause the insurers oftheir respective insurance to include, either in its printed text or by endorsement: (i) a severability of interests clause; (ii) an endorsement that Licensee's and Licensee's contractors' and subcontractors' insurance policies are to be primary and non-contributory to any insurance Paqe 3 of 10 Form 3740GROW ReV. 07/31/12 ① 16.C.3.b Packet Pg. 1191 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) that may be maintained by or on behalf of FPL Entities; and (iii) a waiver of subrogation against FPL Entities. In the event that any policy furnished by Licensee and/or Licensee's contractors and subcontractors provides for coverage on a "claims made" basis, the retroactive date of the policy shall be the same as the effective date of this Agreement, or such other date, as to protect the interest of FPL Entities. Furthermore, for all policies furnished on a "claims made" basis, Licensee's and Licensee's contractors' and subcontractors' providing of such coverage shall survive the termination of this Agreement, until the expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort. If coverage is on "occurrence" basis, Licensee and Licensee's contractors and subcontractors shall maintain such insurance during the entire term of this Agreement. Licensee and Licensee's contractors and subcontractors shall promptly provide evidence of the minimum insurance coverage required under this Agreement in the form of an ACORD certificate or other certificate of insurance acceptable to FPL. Upon FPL's request, Licensee and Licensee's contractors and subcontractors shall provide FPL with complete copies of all required insurance policies under this Agreement. lf any of the required insurance is cancelled or non-renewed, Licensee and Licensee's contractors and subcontractors shall file a new Certificate of Insurance or binder with FPL demonstrating to FPL's satisfaction that the required insurance coverages to be maintained hereunder have been extended or replaced. Neither Licensee's nor Licensee's contractors and subcontractors failure to provide evidence of minimum coverage of insurance following FPL's request, nor FPL's decision to not make such request, shall release Licensee and Licensee's contractors and subcontractors from their respective obligations to maintain the minimum coverage provided for in this Section. Licensee shall be responsible for managing and administering all insurance policies required hereunder, including the payment of all deductibles and self-insured retention amounts, the filing of all claims and the taking of all necessary and proper steps to collect any proceeds on behalf of the relevant insured person or entity. Licensee shall at all times keep FPL informed of the filing and progress of any claim. If Licensee shall fail to perform these responsibilities, FPL may take such action as it determines appropriate under the circumstances. [n the event Licensee collects proceeds on behalf of other persons or entities, it shall ensure that these are paid directly from the insurers to the relevant person or entity and, in the event that it receives any such proceeds, it shall, unless otherwise directed by FPL, pay such proceed to such party forthwith and prior thereto, hold the same in trust for the recipient. Nothing in this Section shall be deemed to limit Licensee's liability under this Agreement regardless of the insurance coverages required hereunder. No limitation of liability provided to Licensee under this Agreement is intended nor shall run to the benefit of any insurance company or in any way prejudice, alter, diminish, abridge or reduce, in any respect, the amount of proceeds of insurance otherwise payable to FPL Entities under coverage required to be carried by Licensee under this Agreement, it being the intent of the parties that the full amount of insurance coverage bargained for be actually available notwithstanding any limitation of liability contained in the Agreement, if any. FPL assumes no responsibility for the solvency of any insurer or the failure of any insurer to settle any claim. In the event that the Licensee self insures, Licensee shall provide Company with a letter of self-insurance in form and substance satisfactory to Company's Risk Management Department. Licensee's contractors and sub- contractors may not self- insure. This Section shall survive the expiration of this Agreement 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. Page 4 of 10 Forln 3740GROW ReV. 07/31/12 P,l,J 16.C.3.b Packet Pg. 1192 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) 15. The use granted herein as shown on Exhibit "B" shall be under construction by Licensee within two (2) years 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 govemment agency having jurisdiction over the activity, purchasing construction materials, placing such construction materials on the site, clearing 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 two (2) 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 thirfy (30) days prior to the expiration ofthe two (2) 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 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 attomeys' 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. 19. Licensee agrees that any review or approval by Company of the plans and/or specifications submitted by Licensee attached hereto as Exhibit "B", the approval of the identity of any contractors, subcontractors and materialmen, or the delivery by Company of any construction specifications to Licensee, is solely for the purpose of processing this Consent, and without any representation or warranty whatsoever to Licensee with respect to the adequacy, correctness or efficiency thereof or otherwise and it is understood that such Company's approval does not absolve Licensee of any liability hereunder. Further, Licensee, in connection with the construction, maintenance and/or removal of improvements depicted on Exhibit "B" to the Agreement, agrees to observe and fully comply with all construction. operation and maintenance standards, as well as all applicable laws, rules and regulations of the United States, the State of Florid4 and all agencies and political subdivisions thereof, including without limitation, the National Electric Safety Code and the Occupational Safety & Health Administration regulations, standards, rules, registers, directives or interpretations. 20. This Agreement includes and is subject to the provisions described on the attached Addendum. Page 5 of 10 Form 3740GROW Rev 07/31/12 Э 16.C.3.b Packet Pg. 1193 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) parties have Approved and accepted for and behalf of Collier County, Floridq this (Official Seal) ATTEST: Thc Executions on following page executed this Agreement this Ofday 20 DWIGHT E.BROCK,Clerk BY: day of_,20- BOARD OF COUNTY COMMISSIO■lERS COLLIER COLINTY,FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY AND AS TIIE EX-OFFICIO GOVERNING BOARD OF THE COLLER COUNTY WATER¨SEWER DISTRICT BY: Chaillllan APPROVED AS TO FORM&LEGALITY Deputy Clerk Print Name: Mark L. Byers 誡 Paqe 6 of 10 Form 3740GROW Rev. 07/31/12 FLORIDA COⅣIPANY By: Its: 16.C.3.b Packet Pg. 1194 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) ADDENDUM . Prior to installation, Licensee must schedule a Safety Six meeting for all construction personnel working on the project. Please contact FPL Transmission Operations at (239) 690-2735 to schedule the meeting. . Licensee, and its employees, agents and contractors will keep a safe distance from all energized facilities and maintain all OSHA requirements to the l38kv and 230kv transmission lines within the Lands. . Licensee will not dig a trench greater than 5 feet deep when working adjacent to Company transmission pole structure # 143M5. . Licensee will not disturb any of Company's existing guy wires or anchors. Page 7 of 10 Form 3740GROW Rev. 07/31/12 16.C.3.b Packet Pg. 1195 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) EXIIIBIT“A" Legal Description―TO BE PROVIDED Paqe 8 of 10 Forrn 3740GROW ReV. 07/31/12 16.C.3.b Packet Pg. 1196 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) MATCHLTNEIST,EET 2 (INTENDEo DISPLAY SCALE: 1"=60') 24Ptt θθυⅣθスRγ ρスPCEL Ⅳο 527」′θ〕m23 κPyS力 Vθ ″″ρスRK MSPス SSⅣ/1yθ (ORB 5502,P6282り S89°51114∥ヽV15.00: NOT A SURVEY I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE LECAL DESCRIPT10N ANDATTACHED SKETCH WERE PREPARED IN ACCORDANCE WITH THE APPLICABLE PROVISiONS OF CHAPTER 5」-1705, FLORIDA ADMINiSTRATIVE CODE, PURSUANT TO CHAPTER 472, FLORIDA STATUTES BARRY E. SYREN (FOR IHE FIRM L.B. 642) PROFESSIONAL SURV'/OR AND MAPPER FLORIDA CERTIFICATE NO. 5365 DArE STGNED: --6/20/NL7 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVDTOR AND MAPPER. N89'51:14∥E47.26:||S00°08'46"E15.00' ユθ.ユ °51114::W E--UOO'08'46"W 7.50' 62.18:S∂gtラ ′'アイ″′/ア 5`ヌ θθ′ P,θ .a ′ⅣZP∬θ77θ Ⅳ α「副[Sの賠EAS「θ"Na?α F副[“ NDS Oε Sattaa,ヵ v mclAl Mθ ORDS θ鍬ィァθa ρ′6[205,θ αιだP CttNn` F4訳 lDA 4″θ 酬[に S「溜釧卜び―脇γ″ι′閣 “ ralv″ NOTES:l BEARINCS SHOWN HEREON ARE BASED ON RiGHT-OF―WAY O「 LIVINCSTON ROAD, WHEREIN RIGHT-OF―WAY BEARS S 00・ 08'46"ETHIS SKETCH DOES NOT MAKE ANY REPRESENTAT10ZONING OR DEVELOPMENT RESTRICT10NS ON THE PARCEL PARCEL CONTAINS 30,229 SQUARE FEET(0 69 ACRES) LESSPOC = POINT OF COMMENCEMENTPOB = POINT OF BECINNINGORB = OFFICIAL RECORDS B00KPC = PACE NOT VALID WITHOUT SHEEFFS l THROUGH 4 0F 4 κ鰍滞』嗽件 | `鋸θイ29 Pθ "リ PARC[L No θD2589アイθθ′ ι/ANCSra/vn?θ af/vttEP ιιθ 〔OR3イアθ, P62aJり LINE TABLE LINE BEARING DISTANCE S44・ 39'29"W 5098' MORE OR ENGINEERING 」OHNSON ENGINEERINC, INC 2350 STANFORD COURT NAPLES, FLORIDA 34112 Wi劇 3諾弼 SKttTCH TO ACCOMPANY DESCRIPT10N SECT!ON 13,TOllVNSHIP 49 SOUTH,RANGE 25 EAST COLLiER COUNTY,FLOR:DA 嘘」9」7腸器罵0:L051ntl19_251“ A「 =6σ 1 0F 4 OHN 16.C.3.b Packet Pg. 1197 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) N15 30 DISPLAY SCALE: θθUNDス PγρttPCEL SHEET 3 ρ′PCEL″O θて,12"`',ア ′′θθア ι/レ 7ハ √6Sttθ ハノPRθ CEN万う?ι ιθ `aじイアのκ2aJ,, /勅胴嗽弊 1 御僣ρθ制 ″[S「沢ソθげr a「―ル舛γ 御∬び田翻の IISHEET 1 - *Nor vALtD wtrHour 4 0F 4 ENGINEERING 」OHNSON ENCINEERINC, INC 2350 STANFORD COURT NAPLES, FLORIDA 34112PHONE:(259)434-0355FAX:(239)354-3661EB #642 & LB #642 SKEttCH ttO ACCOMPANY DESCRIPT10N SECT10N 13,TOVVNSHIP 49 SOUTH,RANGE 25 EAST COLLIER COUNTY,FLORIDA D%:￢ 9」フl猟棚0:L051Hち当9_251｀ AI=6σ 20F4 OHN 16.C.3.b Packet Pg. 1198 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) S89°22'52"E7.13' /撤桐爺些 `θ Rθ イ29 ρθ"リ協ES「′76″F O「―H//γ `θ スgS θF α引動Vε り ρスPC[L″O θЭ258θ jZ4θ θ′ ι′νttVθ S,Ne?θ attrfP ιιθ `θ ?θ イアのκ2θ Jり爆 *NOT VALID WITHOUT SHEETS l THROUGH Ⅳ"7ι ′ばび ρメRCEL 80UNDARγ ― S00°14:52∥E21.09' 4 0F 4 」OHNSON ENCINEERINC, INC2350 STANFORD COURT NAPLES, FLORIDA 54112PHONE:(259)4154-0355FAX:(259)354-3661EB ″642 & LB #642ENGINEERING SKETCH ttO ACCOMPANY DESCRIPT10N SECT10N 13,TOVVNSHIP 49 SOUTH,RANGE 25 EAST COLLIER COUNTY,FLORIDA 06-19-17 20149700-105 ￢LE NO 13-49-25 1・ =60'3 0F 4 θ9UNDARγ (INTENDED DISPLAY SCAttE: 1"=60') OHNS 16.C.3.b Packet Pg. 1199 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) DESCRIPTION PARCEL OF LAND SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA A TRACT OR PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHEAST CORNER OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIOA AND THE WEST RIGHT_OF_WAY OF LIViNGSTON ROAD, THENCE S.89'51,14''W. DEPARTING SAID WEST RIGHT_OF_WAY, A DISTANCE OF 155.00 FEET ALONG THE SOUTH LINE OF SAD DESCRIBED LANDS TO AN INTERSECTION WITH THE EAST LINE OF A 125 FOOT WDE FLORIDA POWER AND LIGHT COMPANY EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 429, PAGE 354, OF SAID PUBLIC RECORDS; THENCE N.00'08'46"W. ALONG THE EAST LNE OF SAID EASEMENT, A DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE S.89'51,14"W. DEPARTING SAID EAST LINE, A DISTANCE OF 62.1A FEET; THENCE N.00'25'57"W., A DISTANCE OF 93.70 FEET; THENCE S.44'39'29"w., A DISTANCE OF 50.98 FEET; THENCE S.00'08'46"E., A D]STANCE OF 65.03 FEET TO AN INTERSECTION WTH SAID SOUTH LINE OF SAID DESCRIBED LANDS; THENCE 5.89'51'14"W. ALONG SAID SOUTH LINE, A DISTANCE OF '15.00 FEET; THENCE N.00'08'46"W. DEPARTING SAID SOUTH LINE, A DISTANCE OF 71.21 FEET; THENCE N.44'39'29"E., A DISTANCE OF 65.06 FEET; THENCE N.00'25'57"W., A DISTANCE OF 1,21+.92 FEET; THENCE N.44'34'03"E., A DISTANCE OF 9.].57 FEET TO AN ]NTERSECTION WITH THE NORTH LINE OF SAID DESCRIBED LANDS; THENCE 5.A9'22'52"8. ALONG SAID NORTH LINE, A DISTANCE OF 7.13 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE AFOREMENTIONED FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE S.O0'14'52"E. ALONG SAID EAST LINE, A DISTANCE OF 21.09 FEET; THENCE S.44'34'03"W. DEPARTING SAID EAST LINE, A DISTANCE OF 73.27 FEET; THENCE S.0O'25'57"E., A DISTANCE OF '1,J01.60 FEET; THENCE N.8951'14"E., A DISTANCE OF 47.26 FEET; THENCE S.00'08'46"E., A DISTANCE OF 15.00 FEET TO THE POINT OF EEGINNING. CONTAINING 30,229 SQUARE FEET OR 0.69 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON ARE BASED ON THE WEST RIGHT_OF_WAY OF LIV]NGSTON ROAD, WHEREIN SAID WEST RIGHT_OF-WAY BEARS 5.00'08'46,'E. *Nor vALtD wtrHouT sHEErs 1 THRoucH 4 」OHNSON ENCINEERINC. INC2350 STANFORD COuRT NAPLES. FLORIDA 34112 響;劇響弼ENGINEERING DESCRIPT10N 06-10-1フ 20149700-105 13-49-25 N/A 4 0F 4 JOHNS(圏 16.C.3.b Packet Pg. 1200 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) EXHIBIT“B" Plans as provided(to be attached) Paqe 9 of 10 Form 3740GROW Rev. 07/31/12 〇 16.C.3.b Packet Pg. 1201 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center) CONSTRUCTION PLANS彎 ≪ミFORLIVINGSTON ROAD 24"FORCE MAIN‐PHASE 6 FOR COLLIER COUNTY UTILITIES COLLIER COUNTY PROJECT#72009.8 LOCATED IN SECT10N 13,TOWNSHIP 49S。,RANGE 25 E。 Collier County,Florida SHEET NO. 01 02 03 04 05 06 07 08 09 10 n¶DEX OF PLANS DESCRIPT10N Covcr Notes and Legend Key Map Demolition Plan Sta tt to Sta SIXl Sta Stt to Sta 10400 Sta ltHXlto Sta 15HЮ Sta lStlXlto Sta 18+50 Enlarged Areas oflntcrcst Details ι00ス 7aV a「PROyfar LOCAT10Nル LP TRAFFIC CONTROL DEVICES IMUTCOI AN0 01::に γ MARCH 2017 ¨ 〔NGlNEERING Cover 16.C.3.b Packet Pg. 1202 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston GENERAL NOTES: 響酬歌』騒讐鵬臨鶴1-■臨¶需報錮魅峰組整F`嵩『蹴Ha,慧 m辟〔N61NEERING … C-4 艤錮離網円ぽ品調題剛躍響L相議島端路鴨」“ 薦器硼翻員出鳥需嗣 =躍出F置需デ:超麟1膠 g轟 ABBREVIAT10NS LECEND 競肝 …・出協鴇酬議∝動"Wm.c, ・器謡T常「,31澪 Ft蜘鷺』営鼠『ヽ常島騒F[麟ぼ "=駐納日■ヽR■日日出F=が ■F=出」∥暇よ1鷺騒田EW■0じ審P 密鼎駐樹=冒襦鼎認器Tl辞罰認器中磁凶図け …嗽◎ 一 □ σ □8釧圏躍襴編誂閣罐Fa怒路翻R躍鵠↑ら , 堀出日畿〔..【υ卸順盟語辞鮮罐"Ч 囁餞晰綸 “ 輛●●● “ 、nt鼈詢性"■ ―-―C-10 NobB and Legond 02 … …望3誨 16.C.3.b Packet Pg. 1203 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston 16.C.3.b Packet Pg. 1204 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston BRYNW00D PRESERVE L!V!NGS丁 ON ROAD [NG:NEERING Z― 1 篭載鸞衝r 冒日畠《°1職「ぽ｀＼(1躍Ⅵlヘぢ : 生Ⅲl」///L!V!NGSTON ROAD Z― ー ~ヽ ~~~~~~~ 04 謡嘘ヽ||― |ヽ 16.C.3.b Packet Pg. 1205 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston 05 Z― ― `'κ 門`'● / ゎ_. / ´´´‐ じ/` ■ 16.C.3.b Packet Pg. 1206 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston ¨ 【N6:N[[RING Plan and Profile 06 /~~~~三「三II二百 ~~~｀、鴫■二 =三二7疇里t \__--_-- --+------ Z― 一 =芋 1-I―I=~7~……~~で隈11 Jr●4・菫W′ 16.C.3.b Packet Pg. 1207 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston IZ― ざ摯 lo・ m●m looo 4 ⑪ 菫 07 =Ь 簿=》 (1そ III EDGE OF TO FORCE グ「“r「■―14瞥I /脚 ′軸/珊「~'~・ ~~| 1 /ar鵬 Ч _ノ `_____: /1r“口二拠三 ¶ ＼:′/ ↑ ＼、 16.C.3.b Packet Pg. 1208 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston EATONW00D LANE I ■■■・・―ED r lκ 関●nI 16.C.3.b Packet Pg. 1209 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston DETA:L FROM SHEET 08DETAIL FROM SHEET 05 16.C.3.b Packet Pg. 1210 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston …C-1 … C-7 鵠響1岬忘ト EE」望塑山コ国四磯 c_2 曇F―∈系軍魯=_, C窟 =“籠悪…雌-=出 L島ヽ″F品情 pHAL 到い"-13 ¨ENGlNEERING 鍛露」轟器識燿習疑臨品搬響… 10 16.C.3.b Packet Pg. 1211 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston EXIIIBIT“C"@FPL,NOT:FiCAT!ON OF FPL FACILITIES CllSlomfAgency oor,shFrccntrado( llamo L●cab olPrcieCi___………FL Rep_鰤 _______ ¨Hor Repr-3m DaedMeetu跡 t就則嵐N嘲霊的:PholD:FP.贈 Req81師 0●et i FPL cds yur dbnihn to tln lal hat frm nry bo €n€rlirc4 Hdt vdqp electlc Ine. bodr outread rnd uodcrgrund, hcabd l'r 0re {ta d this pqiod. ll h lmpadim fiat pu vl*ally suley tE sma ofid hd )or sbo lr|(c lhc n€c6lary !l6pc b ldent.tr rn orcfi.ad ild undoryorrnd faolttl€r Fi, lo co[flEndng c(lstndh b ddfir*E yvtE0Er lr! cdBtructloo d ary foposed lrpovemrlB nff UlrS ety p6nin, tod, nEdindy, €quhntftt cr oti€cl do$r to FPLS porrot ftlss han 0E O$l psalbed Bnllr. l, I sd, nr ilJst clficr Is{dgr your Ai6l b dof, n b bc h,ill saldy ginn tho prB.d6[ng porcr llno lsdlon. 0amd@iletgmolilrwih FPtloGlh€r&ensr{izBardgtlrd qIfdl.nosrdde$en, petly dyurapeua Yo nuddotlrlr bclonrflorr|ngany conrkuctlon mrr hr poffi lln.s. l( ls lmpcHe hr FPI- to krw u pe& wfie0r€r u rd tr\o cdlfachc tr $tcdrfElo.q $d hd. emdq€eq $I o0eratc or uso cranca, dlgghg 4prdus c odtor nobla eqt$med. s hando lldqid! or boh, ln daogorurs prdnty to srd poncr lhcr dnLE lhe c.rrso d cilslrucfon, et4 [ so, $,h$ aid sl@. 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Paqe 10 of 10 Form 3740GROW Rev 07/31/12 ⑬ 16.C.3.b Packet Pg. 1212 Attachment: FPL Consent Agreement signed by JAB (3550 : FPL Consent Agreement - Livingston Professional Center)