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Agenda 06/26/2018 Item #16D1406/26/2018 EXECUTIVE SUMMARY Recommendation to approve a Right-of-Way Consent Agreement and associated Memorandum with Florida Power & Light Company (FPL), providing for the construction of ten (10) parking spaces for Collier Area Transit (CAT) Park and Ride, within FPL’s power-line right-of-way located at the northwest corner of Immokalee and Livingston Roads on County-owned vacant property. OBJECTIVE: Obtain authorization to execute the attached Right-of-Way Consent Agreement and Memorandum with FPL. CONSIDERATION: On May 8, 2018, Agenda Item 16A1, the Board of County Commissioners (Board) approved entering into a public-private partnership between Collier County and Oakes Farms, Inc. to support economic development through a joint use parking facility lease on vacant County-owned property located on the northwest corner of Immokalee and Livingston Roads. Pursuant to the terms of the Ground Lease, Oaks Farms, Inc. is required to construct parking spaces, associated dry detention water management system, lighting, and landscaping to facilitate the CAT/Park and Ride. In addition, the Ground Lease provides for at least twenty-four (24) spaces for the Collier Area Transit/Park and Ride vehicles, ten (10) of which will be constructed pursuant to the plans attached to the Right-of-Way Consent Agreement and associated Memorandum. If deemed necessary by the County, the remaining fourteen (14) spaces will be located at a mutually agreed upon area within the Oakes Farms employee parking area. A location map is attached for reference. FISCAL IMPACT: The cost of recording the Memorandum of Right-of-Way Consent Agreement will not exceed $50. Funding is available in Fund (426). LEGAL CONSIDERATIONS: This Item is approved as to form and legality, and requires majority vote for Board approval. - JAK GROWTH MANAGEMENT IMPACT: There is no Growth Management impact related to this action. RECOMMENDATION: To: 1. Approve and authorize the Chairman to execute the attached Memorandum of Right -of-Way Consent Agreement and the Right-of-Way Consent Agreement; and 2. Authorize the recording of the Memorandum of Right-of-Way Consent Agreement in the Public Records of Collier County, Florida. Prepared By: Toni A. Mott, Manager, Facilities Management Division ATTACHMENT(S) 1. Right-of-Way Consent Agreement - JAK signed (PDF) 2. Memorandum of Right-of-Way Consent Agreement - JAK (PDF) 3. CAT Park and Ride location map (DOCX) 06/26/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.14 Doc ID: 5784 Item Summary: Recommendation to approve a Right-of-Way Consent Agreement and associated Memorandum with Florida Power & Light Company (FPL), providing for the construction of ten (10) parking spaces for Collier Area Transit (CAT) Park and Ride, within FPL’s power -line right-of-way located at the northwest corner of Immokalee and Livingston Roads on County-owned vacant property. Meeting Date: 06/26/2018 Prepared by: Title: Manager - Property Acquisition & Const M – Facilities Management Name: Toni Mott 05/29/2018 9:46 AM Submitted by: Title: Deputy Department Head – Solid and Hazardous Waste Name: Dan Rodriguez 05/29/2018 9:46 AM Approved By: Review: Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 05/30/2018 2:29 PM Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 06/01/2018 2:52 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 06/04/2018 4:11 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/05/2018 7:44 AM Public Services Department Todd Henry Additional Reviewer Skipped 05/29/2018 4:07 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/11/2018 3:21 PM County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 06/11/2018 3:42 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/13/2018 8:47 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/13/2018 1:46 PM Grants Therese Stanley Additional Reviewer Completed 06/18/2018 7:46 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/18/2018 9:18 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM Structure No.: 139M5, 261M5, A261M5, 139M6, 261M5A, 261M5G, 261M6, A261M6 Section, Township, Range: 2448-25 Easement No.: 8A-73, 81 RIGHT-O&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 Real Estate Department, hereinafter referred to as "Company", hereby consents to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, whose mailing address is 3335 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 166, at Page 485, and O.R. Book 513, at Page 197, Public Records of Collier County, 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 and operation of CAT public 10 parking space, park and ride with associated dry detention water management system, lighting and landscaping within the FPL easement at the northern area of the site 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 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 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 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 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section Form 3740GROW Rev. 07/31/12 Paqe 1 of 17 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 one hundred and fifty (150) foot wide area, 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 of trees, 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 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 buried 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. Licensee hereby acknowledges the receipt and required execution of Form 360 i°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. 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. Form 3740GROW Rev. 07/31/12 Paqe 2 of 17 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 indemnify 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 attorneys' 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 property, 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 of Licensee'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 of their 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 that may be maintained by or on behalf of FPL Entities; and (iii) a waiver of subrogation against FPL Entities. Form 3740GROW Rev. 07/31/12 Paqe 3 of 17 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. If 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. In 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. 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 Form 3740GROW Rev. 07/31/12 Paqe 4 of 17 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, 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 thirty (30) days prior to the expiration of the 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 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. 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 Florida, 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. Executions on following page Form 3740GROW Rev. 07/31/12 Paqe 5 of 17 The parties have executed this Agreement this .20 Witness t aturet Name: Signature. Print Name: day of FLORIDA PONW & LIGHT_COMPANY By: Its: o orate Re 1 Estate Man er Print Name: Mark L. Byers Approved and accepted for and behalf of Collier County, Florida, this day of , 20_. (Official Seal) ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk BY: BY: Deputy Clerk Andy Solf, , Chairman f APPROVED AS O 6RMI ' & LEGALITY Form 3740GROW Rev. 07/31/12 Paqe 6 of 17 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. Form 3740GROW Rev. 07/31/12 Paqe 7 of 17 EXHIBIT "A" Page 1 of 2 The East half of the Southeast quarter of the.Southeas quarter of Section 24, Township 48 South, Range 25 East Collier County, Florida. LESS AND EXCEPT the West 3 feet and South 100 feet for right--of-way and drainag easement. Also described as Lots 125, 1260, 127 and 128 Palm River Estates Extension. SEE EXHIBIT A ATTACHED I HERETO AND MADE A PART HEREOF. q Form 3740GROW Rev. 07/31/12 Paqe 8 of 17 EXHIBIT "A" Page 2 of 2 �l tlt w1 w . ._ 270.o's' o +� wT l cn -� *all PWLlt- V t Y` �E3e�e..7�.f-'IVJ�s'4th5e�P66t5iw. iIAINOKA%. • NOFf'EB: BFARINBS qMW MWAN REFER TO AN ASSUMED BARING OF 3, OV43901" E, 'ALCNG THE .FAST LINE OF THE SOV HEAST 114 OF .BECTICN 24, TORIN5HIP 48 SOUTH, RANGE 25 EAST,. COLLIER COUNTY, SMECT,TO;EAZ0AElWS." RESEMATIONS OR REBTRICTION8 OF RECON. :P. AI7OEL TO PARENT TRACT I.G'3W: DESCR I PT i ON REFERENCES RECORDED IN 0JU - BOCK 11 -41 -AT PAWS ,1032, 1037, AND 1098 OF IM PUBLIC RIWORDS CF- VOLL 0% COUNT Y, FLORIDA. ?APIM3. 70»T-• PARCEL TAKE t= A SURMY F x.4.0 Y4 V00.4 ' - N,ltYpU i"Pi1fti W • Mum COUNTY. ROWDA JAMES C. ORFS CLERK_ Form 3740GROW Rev. 07/31/12 Paqe 9 of 17 CtJi IJt:JG f,:©% fUgE S1GI$1 j' 9A• ra 0-1521 :*. ARES Ew AC�PANY j .!S!�41p I r-GAI. 17F �CR1PTibtJ 46 5. PAt4GC 1, ?C+"T 25 E• J6, Fi's91 A MW Form 3740GROW Rev. 07/31/12 Paqe 9 of 17 .............. COCOHATCHOE RIVER CA14AL EXHIBIT "B" }| ' Page 10 of 17 MW Form 3740GROW Rev. 07/31/12 z /� ._._.. 2 $� LAKES SOULEVAOU C9 MW Form 3740GROW Rev. 07/31/12 ------------------- u FAC ---- u w i Paqe 11 of 17 M Form 3740GROW Rev. 07/31/12 -�.!• �It1k�`� 0 V fl. �m 0 Form 3740GROW Rev. 07/31/12 Paqe 12 of 17 ok=% ROAD (PR{YP Paqe 13 of 17 f� �t ' u I �! gz 3 •; i �, leli I (r I I, SJ t li r tlA p t'rl (r I� f7, t { i S •.'1 i �INJI t �I� 4 blit a ft 'Ir d Form 3740GROW Rev. 07/31/12 I" ,e Page 14 of 17 Form 3740GROW Rev. 07/31/12 t. Yy II Form 3740GROW Rev. 07/31/12 1 : Ilj 8 t ki M k i' Ign wl 1 ' tl y I A Form 3740GROW Rev. 07/31/12 Paqe 15 of 17 rid �j` yr 3Y �z� 5 z laws filly 1 : Ilj 8 t ki M k i' Ign wl 1 ' tl y I A Form 3740GROW Rev. 07/31/12 Paqe 15 of 17 �j` yr 3Y z laws 1 : Ilj 8 t ki M k i' Ign wl 1 ' tl y I A Form 3740GROW Rev. 07/31/12 Paqe 15 of 17 lTe F:5 Paqe 16 of 17 Form 3740GROW Rev. 07/31/12 [All Ise F:5 Paqe 16 of 17 Form 3740GROW Rev. 07/31/12 EXHIBIT "C" FPL' NOTIFICATION OF FPL FACILITIES Customer/Agency Date of Meeli g/Oontad, DavelopedContractor Name Project Number/Neme: — Location of Pra)ect City: _ — FPL Representative Phone: DevekrperXontraclor Representative FPL Work Request #/Work Order 0: FPL calls your Mention to the fact that there maybe energized, high voltage eiectde lines, both overhead and underground, located in the area of this project ills Imperative that you visually survey the area and that you also take the necessary stns to Identify all overhead and underground faciR7os prior to commencing construction to determine whether the construction of any proposed Improvements wt11 bring any person, toot, machinery, equipment or object closer to FPUs power lines than the OSHA -prescribed limits, if it win, you must either redesign your project to allow it to be bvIn solely given the pro existing power line location, or make arrangements with FPL to either deenergize and ground ourfaci5lies, or relocate Brenn, possibly at your expense. You must do this before allowing any construction near the power lines. Ills Impossible for FPL to knornv or predict whelhero€ not the contractors or subcontractors, and their employees, wilt operate or use cranes, digging apparatus or other motifs equipment, or handle materials of tools, in dangerous proximlry t0 such power lines during the come of construction, and, if so, when and where. Therefore, If It becomes necessary for any oontractar or subcontractor, or their employees, to operate or handle cranes, digging apparatus, dralines, mobile equipmem, or any other equipment, tools or materials In such a manner that they might come closer to underground or overhead pourer tines Wn is permhled by local, state or federal regulations, you and any such contractor or subcontractor trust notify FPL in writing of such planned operaliar prior to the commencement thereof and make all necessary arrangements with FPL In order to carry out the work In a safe manner. Any work In the vicinity of the electric lines should be suspended until these arrangements are finalized and Implemented. The National Electrical Safety Cocks('NEW) prescribes minimum clearances that must be maintained. If you build yoursttlmture so that those clearances cannot be maintained, you may be required to compensate FPL for the relocation of our fasa'8ties to comply with those deaiaxos. As such, you should contact FPL prior to commencing construction near fa&existin,g underground or overhead power cines to make sure that your proposed Improvement does not Impinge upon the NESC clearances. it Is yourresponsibllity and the responsibility of your contractors and subcontractors on this project to diligently fulfill the fortovdng obligations: 1, Make absolutcyeortaln that a4 persons responsible loreperating or handling oranos, digging apparatus, draglines, mobile equipment or any equipment, tool, or material capable of coalarting a power line, are in compliance with all applicable state and federal regutadons, Including but mot limited to U.S. Department of Labor OSHA Regulations, white performing their work. 2. Make sure that all cranes, digging apparatus, draglines, mobile equipment, and all olber equipment or materials capable of contwing a power line have attached to them any warning signs required by U.S. Department of Labnx OSHA Regulations. 3. Post and maintain proper warning signs and advise all employees, new and old aft of their obligation to keep themselves, their tools, matedals and equlpment away from PQAw lines per the fdkvxhng OSHA minimum approach distances (refer to OSHA regulations for restricdions): er ne V to es °'Personnel and ENIpment Cranes and Derddts _tinder or rear Power Lines (an r tstrur tion sites nq jp (29 CFR 1910.3&i ad 1928.040) (29 CFR 1926.140Y, 11408) (29 CFR 1926600— Equtpmentl (i928.14f f —Canes and barrleta) 0 - 750 volts 10 Feel 10 Feel 4 Feet 4 Feet 751- 50,000 volts 10 Feet 10 Feel 4 Feet 6 Feet 89,000 volts 11 Feet 15 Feet 10 Feet 10 Feet 115,000 vdis 13 Feet 15 Feet 10 Feel 10 Feet 136,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 230,000 volts 16 Feet 20 Feel Wool 10 Feet 500.000 volts 25 Feet 25 Feel 16 Feet 16 Feet 'When uncertain of the voltage, malatain a distance of 20 feet forvottagas up to 350,000 volts and 50 het for voltages greater than 35,000 volts. 'Torpersarvel approacahg insulated secondary oarductcrs lass than 750 volts, avoid contact(Ma lahi 10 Feet to bare energrred mrdocims Im than 750 votrs). For qual&d pevsorursi and'Asutatedaarlam lv[ ewlim nlmeeting requifements of 29 CFR 1910.333, distances may be reduced to those sham in 29 CFR 1910,333 Table Ski 4. All excavators are required to contact the Sunshine Slate One Call or Florida, phone number 1400432-4770 or 811 a minimum of two working days (excluding weekends) in advance of commencement of excavation to ensure facilities are located aewmtely. 5. Conduct ail locations and excavations In accordance with the Florida Statute 556 of the Underground Fdeilt es Damage Prevention & Safety Act and all local city and county ordinances that may appty- 5. When an excavation Is to take place within a tolerance zone, an excavator shall use Increased caution to protect underground fadttios. The protection requires hand digging, pot holing, soft digging, vacuum methods, or similar procedures to Identify underground facilities. A copy of this notification must be provided by you to each contractor and subcontractor on [his project, to be shared with their supervision and employees prior to commencing work on this project. Means by which Vats nomircaW was provided to custarn et andbtoonfrador Address FPL Rapresenlailive Signature pais Cusrnueher7t5evebpalCoratragor Reprasentalive Signature F0,7 080 (Ray, 1012) Rate Form 3740GROW Rev. 07/31/12 Paqe 17 of 17 a This Instrument Prepared By: Mark L. Byers Florida Power & Light Company P.O. BOX 1119 Sarasota, FL 34230 MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this day of , 2018, by and between BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, whose mailing address is 3335 Tamiami Trail East, Suite 101, 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 , 2018, 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 166, at Page 485, and O.R. Book 513, at Page 197, 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 and operation of a CAT public 10 parking space park and ride with associated dry detention water management system, lighting and landscaping, 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 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. Witnesses: gn re ,I �- Name (Print): Signature Name (Print): State of Florida ) )ss: County of Sarasota ) Company: FLORIDA POWER & LIGHT COMPANY By: w '" Its: Co orate Real Esta a er Print Name: Mark L. vers On this IG day of - , 2018, before me, the undersigned Notary Public, personally appeared Mark L. Byers, Corporate Real Estate Manager of Florida Power & 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. (seal) In Witness Whereof, I hereunto set my hand official PUBLIC, STATE OF FLORIDA STANLEY- 'HA MY COMMISSION 4 GG54118 Print Name: EXPIRES: December 11, 2020 Commission No.: !-LT�6VI-1 ; My Commission Expires: /,;2-1ir1.;20 (Execution continued on next page.) ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk BY: BY: Deputy Clerk Andy Solis, Chairman APPROVED AS TO O�4';� LEGALITY ..: BY: Coity ;Morney J Memorandum of Right -of Way Consent Agreement Form Rev. 03.09.2012 J EXHIBIT "A" The East half of the Southeast quarter of the Southeas quarter of Section 24, Township 48 South, Range 25 East Collier County, Florida. LESS AND EXCEPT the West 3 feet and South 100 feet for right-of-way and drainag easement. Also described as Lots 125, 126, 127 and'128 Palm River Estates Extension. SEE EXHIBIT A ATTACHED " HERETO AND MADE A PART HEREOF. 2: Aerial Location Map CAT Park and Ride Oakes Market Employee Parking