Agenda 03/22/2011 Item #16C1
3/22/2011 Item 16.C.1.
EXECUTIVE SUMMARY
Recommendation to approve a Right-of-Way Consent Agreement and Memorandum of Right-of-
Way Consent Agreement with Florida Power & Light Co. consenting to a Utility Easement and for
access on, over and across a portion of property adjacent to the Roost Road Right-of-Way.
OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board) approve the
attached Right-of-Way Consent Agreement and Memorandum of Right-of-Way Consent Agreement with
Florida Power & Light Co. (FPL). The public purpose is to provide clear title to a utility easement
previously donated by GB Peninsula, Ltd. required to connect a new water main to be installed within the
Roost Road right-of-way to the existing water main within GB Peninsula Ltd.'s property.
CONSIDERATIONS: Approval of this Right-of-Way Consent Agreement and Memorandum of Right-
of-Way Consent Agreement will further the process of providing and improving water distribution
through the utility easement area.
FPL, as first right easement holder over GB Peninsula, Ltd.'s property at this location, has expressed no
objection to the proposed easement location. A copy of the FPL Right-of-Way Consent Agreement is
attached.
The attached Right-of-Way Consent Agrecment and Memorandum of Right-of-Way Consent Agreement
have been reviewed and approved by the Public Utilities Division and the County Attorney's Office.
~
A location map of the proposed Utility Easement area is attached for ease of reference.
FISCAL IMPACT: The total cost will not exceed $50 for the recording of documents. Funds in the
amount of $50 are available in the FYl J budget for this action in Project 71050.2. The FY J I Capital
budget was approved by the Board at a special meeting on September 23,2010. Source of funds is Water
User Fees, Fund 4 J 2.
LEGAL CONSIDERATIONS: The attached documents have been approved for form and legal
sufficiency. This item requires a majority vote for approval. -JBW
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, as the
Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-
Sewer District
1. Approve and authorize the Chairman to execute the Right-of-Way Consent Agreement, and
Memorandum of Right-of-Way Consent Agreement; and
--
2. Direct the County Manager or his designee to proceed to follow all appropriate closing
procedures, and to record the Memorandum of Right-of-Way Consent Agreement, and any and
all necessary documents to obtain clear title to the utility easement, in the Public Records of
Collier County, Florida.
Packet Page -962-
3/22/2011 Item 16.C.1.
Prepared By: Sue Jim Zimmerman; Property Acquisition Specialist; Real Property
Management/Department of Facilities Management
Attachments: 1) Right-of-Way Consent Agreement; 2) Memorandum of Right-of- Way Consent
Agreement with Florida Power & Light Co.; and 3) Location Map
Packet Page -963-
3/22/2011 Item 16.C.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1.
Item Summary: Recommendation to approve a Right-of-Way Consent Agreement and
Memorandum of Right-of-Way Consent Agreement with Florida Power & Light Co. consenting
to a Utility Easement and for access on, over and across a portion of property adjacent to the
Roost Road Right-of-Way.
Meeting Date: 3/22/2011
Prepared By
Name: ZimmermanSue
Title: Property Acquisition Specialist,Facilities Management
2/14/2011 2:52:09 PM
Submitted by
Title: Property Acquisition Specialist,Facilities Management
Name: ZimmermanSue
2/14/20112:52:11 PM
Approved By
Name: Diana Dueri
Title: Project Manager,Public Utilities Engineering
Date; 2/15/2011 12: 18;26 PM
Name: CampSkip
Title; Director - Facilities Management,Facilities Manage
Date: 2/15/2011 12:44;21 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 2/15/2011 12:47:58 PM
Name: HapkeMargie
Date: 2/15/2011 2:43 :45 PM
Packet Page -964-
3/22/2011 Item 16.C.1.
Name: Smith Kristen
Title: Administrative Secretary,Risk Management
Date: 2/15/2011 4:14:25 PM
Name: SunyakMark
Title: Project Manager, Principal,Public Utilities Engineering
Date:2/17/20115:10:17PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 2/18/2011 10:01 :05 AM
Name: DeLonyJim
Title: Administrator - Public Utilities,
Date: 2/23/2011 12:48:30 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/11/2011 3:20:41 PM
Name: UsherSusan
Title; ManagementIBudget Analyst, Senior,Office of Manage
Date; 3/14/20114;30:51 PM
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 3/15/20117:49:39 AM
Packet Page -965-
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3/22/2011 Item 16.C.1.
Packet Page -966-
3/22/2011 Item 16.C.1.
This Instrument Prepared By:
Mark Byers CRE/AOW
Florida Power & Light Company
P.O. BOX 1119
Sarasota, FL 34230
THIS SPACE RESERVED FOR RECORDING
MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT
THIS MEMORANDUM OF R1GHT-OF-WA Y CONSENT AGREEMENT dated this
_ day of , 20_, by and between COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida, acting by and through its Board of County Commissioners,
the governing body thereof (hereinafter referred to as "Licensee"), and FLORIDA POWER &
LIGHT COMPANY, a Florida corporation (hereinafter referred to as "Company").
WITNESS~:TH:
WHEREAS. on the day of , 20_ Company and Lieensee 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 hereina1ier 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 considcration of the mutual covenants herein contained and
the parties intending to be legally bound thereby, the parties hereto agree as follows:
1.
Company
Florida.
The property described in Exhibit "A" is subject to a right-ot~way in hwor of
recorded in OR Book 1314. at Page 1193, of the Public Records of Collier County,
J The Agreement provides, among other things, Licensee's right to construct
and maintain certain improvements upon the Lands including, but not limited to an eight (8)
inch water main crossing with above ground markers, subject 10 celiain conditions and
restrictions.
3. The Agreement is assignable to purchascrs of all or a portion of the Lands
provided that the purchasers assume the obligations undcr the Agreement and specifically
acknowledge and agree that the usc of the property and improvements to be placcd on the
property are strictly limited to those depicted on a certain plan of improvement and are
othcn\ise subject to the ten1lS of the Agreemcnt.
Packet Page -967-
3/22/2011 Item 16.C.1.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement
on the date hereinabove written.
Company:
FLORIDA POWER & LIGHT COMPANY
Witnesses:
e.S..er
Nez Yk ')L1Jv<-L
By:
Its: West Area Real Est
Print Name: Mark Byers
Signature
~ ,1' ,(' - .A '1 A .
f-f)..-::..t:: ,v FTT-' e
Name (Print):
IJ::, ,i~<-
State of Florid a
)
)ss:
)
County of Sarasota
,) .>1 { .
On this I U'-- day o~J j,,,-,, , 20jl, before me, the undersigned Notary Public,
personally appeared Mark Byers, West Area 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.
In Witness Whereof, I hereunto set my hand and official seal.
~\'~ \
\ I .
, ,
(seal) Y C.
NOTARY PUBLIC, STATE OF FLORIDA
Print Name:
Commission '.I" .
"'~~'O;;:;; ROSE MARIE NOVAK
. f..rQ,.'~..;~. MY COMMISSION # E-E G302ti5
My Commls ii'!W1Jlr~IREsDecembe'6.2D14
'.l,l;~,(fr::~;!l Bonded Thru Notarr Public lmoerwnlers.
(Acknowledgements Continued on Next Page)
Packet Page -968.
3/22/2011 Item 16.C.1.
A ITEST:
BOARD Of COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
BY:
BY;
Deputy Clerk
----FRED..W~COYLE, Chairman
APPROVED AS TO FORM AI'm LEGAL SUFFICIENCY
13Y: ..\ -6:r,)~
kn-!;ir"rA\~e, AsSistant County Attorney
Packet Page -969-
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9
EXHIBIT~
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'-----'
3/22/2011 Item 16.C.1.
This Instrument Prepared By:
Mark Byers CRE! AOW
Florida Power & Light Company
P.O. BOX 1119
Sarasota, FL 34230
Line No; 10D Parcel No: 209A
Line Name; Coliier-Ratt!esnake Radial i 38kv
Structure No.: 297M4
Section, Township, Range: 11-51-26
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, Ann; Corporale Real Estate Department, hereinafter referred
to as "Company", hereby consents to Collier County, a political subdivision of the State of Florida, whose
mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 341 12-5356, hereinafter referred to
as "Licensee", using an area v,:ithin Company's right-or-way granted hy that certain agreement recorded in
OR Book 1324, at 2293, of the Public Records of Collier County. Florida. The said area within Cmnpany's
right-of-way, hereinafter referred to as "Lands". The lIse of the Lands by Licensee, shail be solely for the
purpose of an eight (8 )inch V~,'ater main crossing with above ground markers as suhmitted by Licensee,
attached hereto as Exhihit "A".
In consideration for Company.'s consent and for the other mutual covenants set forth below, and for
Ten Dollars and No Cents ($ I 0.00) and other good and valuable consideration. the receipt and adequacy of
\\'hich is hereby acknowledged. the paJiies hereto agn.:c as follmvs:
1. Licensee agrees to ohtain all necessary' fights 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.
'1 Licensee understands and aurecs that the use of the Lands pursuant to this Agreement is
suhordinate to the rights and interest of Company in and 111 the Lands and ab'Tccs to Ilotif): its employ'ces,
agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities
located on the Lands: to make improvelncnts: add additional facilities: maintain, construct or aileI' roads;
maintain any facilities, devices. or impwv1'1llents UIl the Lands which aid in or are neccssar):' to Company's
business or operations: and the right to cnter upon the Lanus at all times f{)f slIch purposes. Licensee
understands that in the c.\i:{'cise of sLlch rights and interest Company from time-to-time may require
Licensee, to relocate, alter. or remove its facilities and equipment. including parking spaces and arcas, and
other improvements made oy Licensee pursuant tn this Agreement \vhich interfere with or prevent
Company. in its opinion, from properly and safely constructing, improving, and maintaining its facilities.
Licensee agrees to n:locate, alter. or remove said facilities, equipment. parking spaces and areas. and other
improvements within thirty (30) clays erf receiving 1ll1tice from Company to do so. Such relocation.
alteration, Of removal will be made at the sole enst and expense of Licensee and at 110 cost and expense to
Company; provided hO\\iever. should Licensee, ttJr all\" reason. l'ail to make such relocation, alteration. or
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Packet Page -971-
3/22/2011 Item 16.C.1.
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 9601 [14]), petroleum products, liquids or flammables shall be placed on, under, transported across
or stored on the Lands, which rcstricts, impairs, interferes with, or hinders the use ofthe 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 indemnity 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, mld 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 faciiities.
5. Trees, shrubs, and other foliage planted or to be planted upon the Lands by Licensee are not
to exceed, at maturity, a height of fourteen (14) feet above existing grade. Licensee hereby agrees to
maintain the height of all vegetation on the Lands at a height not to exceed 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
ofa non-metallic material.
7. Sprinkler systems installed or to bc 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)
loot 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 \vhen 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 fllrther understands and agrees that certain uses of the Lands are
,~ .em;:: .": () ~:.:.v. _ :J/" /:i:,
Page 2 of 5
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3/22/2011 Item 16.C.1.
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.
] O. 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.
] 2, To the extent provided for in section 768.28, Florida Statutes, Licensee agrees it will
exercise its privileges hereunder at its ovm sole risk and agrees to indcmnif)r and save hannless Company,
its parent, subsidiaries, affiliates, and their respective officers, dircctors, agents and employees (hereinafter
referred to as FPL Entities), from all liability, loss, cost. and expense. including attorneys' fees, which may
be sustained by FPL Entities to any person, natural or anii,cia!. by reason of the death of or injury to any
person or damage to any property except those due to or caused by the negligence of FPL Entities, arising
out of or in connection with the herein described purposes by Licensee, its contractors, agents, or
employees: and Licensee agrees to defend at its sole cost and e:\.pense and at no cost and expense to FPL
Entities any and all suits or action instituted against FPL Emities. for the imposition of such liability, loss,
cost and expense,
13. Licensee is self insured ror all liability claims and related expenses pursuant to the
provisions of Section II] .072 and 768,28, Florida Statutes,
i4. This Agreement will become ctfective 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 tenninated upon ninety ( 90 ) days written notice by Company to Licensee, or at the option of
Company, immediately "pon Lieensec railing to comply \lith or to abide by any or all of the provisions
contained herein.
15. The use granted herein as shown on E,hibit "A" shall he under construction by Licensee
within 3 years of the eifective date of Ihis Agreement and the construction shall be diligently pursued to
completion. Licensee shall give Compan.y ten (10) days prior written notice of its commencement of
construction. "Under construction" is the cOlllinuous phy'sical activity of placing the foundation or
continuation or construction above the f()lll1dation of any strllclUrc or improvement permitted hereunder.
Under construction docs not include application Cor or obtaining a huilding permit. a site plan approval or
zoning approval from the appropriate local govemmcnt agency having jurisdiction over the activity,
purchasing construction Inalerials. placing Stich construction materials on the site. clearing or grading the
site (if pennitled) in anticipation of construction, site surveying, landscaping \vork or reactivating
construction after substantially all construction activity has remained sh)pped r.or a period of two (2) months
or more. Licensee acknowledges that failure to hm-c the use under construction within the one (I) year time
period will result in immediate termination of this Agreement in accnrdancc \1v'ith Paragraph J 4 herein for
failing to comply with the provisions contained herein unless Licensor grants a written extension for a
Illutually agreed upon time. Any request for an extension of time shall be submitted in \vriting by Licensee
no laler than thirty (30) days prior to the expiration of the one (I) year period for the project to be under
construction.
"';;':11 :'";,1"
Paoe J of 5
Packet Page -973-
3/22/2011 Item 16.C.1.
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 detennined 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 ofthis Consent Agreement, the prevailing
party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees subject
to the limitations of liability established in Section 768.28, Florida Statutes.
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.
TIle parties have executed this Agreement this
day of
.20_.
Print Name: k;d /4-e(JC'r
-~, V~ \ it .
..' \,..1 'l''-; _ ,I
.---...!-- V..., V L. r--r./\",
;r COMPANY
By:
Its; West Area Real Estate
Print Name; Mark L. Byers
Signature:
Print Name:
r'~C's.c M,4/(..fE: ;)Ji:!\-iL
(Acknowledgements Continued on Next Page)
,'-:;'-m :-i~~) ,'.~~'\'. ~1~,
Page 4 of 5
Packet Page -974-
3/22/2011 Item 16.C.1.
Approved and accepted for and behaif of Collier County. Florida, this _ day of
,2011.
(Official Seal)
ATfEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
DWIGHT E. BROCK, Clerk
BY:
BY:
Deputy Clerk
FRED W. COYLE, Chainnan
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
BY; ~-e"'"\0~ _
Jennifer B. - ilC. ^ssiS!.anl CC~WlfY /UtDn1l'Y
~~T~ J~'O kov, :Ot9/35
Page 5 of 5
Packet Page -97S-
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