Backup Documents 09/10/2013 Item #16F 1 c
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1 6 F
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO -"
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting. (�f(� i
**NEW** ROUTING SLIP e t
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document i�ready complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office S-
4. BCC Office Board of County VO
Commissioners /5/ 9,1 Il?-A\
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Claude Nesbitt,Facilities Management Phone Number 252-7641
Contact/ Department
Agenda Date Item was 8/27/13 Ablentia Agenda Item Number 4444 b-E.—\ t!�
Approved by the BCC 9/10/13 I/ l lo-F 1t
Type of Document Underground Facilities Conversion Number of Original er-
Attached Agreement Documents Attached Q h,v
PO number or account 'toe, 5, \
number if document is
to be recorded ° k 1l° (dicciv3o-
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 8/27/13 and all changes made during the SRT
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the — SRT b�
BCC,all changes directed by the BCC have been made, and the document is ready for th
Chairman's signature. ,Vr *
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
INSTR 4890883 OR 4965 PG 3689 1 6 F 110
RECORDED 9/17/2013 9:49 AM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$44.00 Third Revised Sheet No.9.720
FLORIDA POWER&LIGHT COMPANY Cancels Second Revised Sheet No.9.720
UNDERGROUND FACILITIES CONVERSION AGREEMENT(NON-GAF)
This Agreement, is made and entered into this 2--14\ day of Jk, 20j3 by and between
Collier County Board of County Commissioners ("Applicant"), with an address of
3299 Tamiami Trail East, Naples, FL 34112 and FLORIDA POWER & LIGHT
COMPANY ("FPL"), a Florida corporation with an address of P.O. Box 14000, 700 Universe Boulevard, Juno Beach, FL
33408-0429.
WHEREAS, the Applicant has requested that FPL convert certain overhead electric distribution facilities located within the
following boundaries(the"Conversion"):
An overhead lateral located in an existing FPL easement (INSTR 4864368 OR 4942
PG 3773 RECORDED 7/11/2013) along and parallel to the north edge of the Naples
Zoo overflow parking lot (Lot 3, Parcel "C") and extending south to the
Conservancy of SW Florida.
(collectively, the "Existing Overhead Facilities") to underground facilities, including transformers, switch cabinets and other
appurtenant facilities installed above ground as set forth in Attachment A hereof(collectively,the"Underground Facilities").
NOW THEREFORE, in consideration of the foregoing premises and the covenants and agreements set forth herein, and other
consideration the sufficiency of which is hereby acknowledged, the parties intending to be legally bound,hereby covenant and
agree as follows:
I. Avoided Storm Restoration Cost ("ASRC") Eligibility Criteria. The Applicant represents and warrants that it
meets, and is capable and willing to enforce, the applicable eligibility criteria for the Conversion (select one of the
following ASRC Tiers):
( )ASRC Tier 1:
a. In order for the Conversion to incorporate a sufficient amount of overhead facilities to provide electrical
continuity,the Conversion must include a minimum of approximately 3 pole line miles or approximately 200
detached dwelling units within contiguous or closely proximate geographic areas (the "Conversion Area").
The Conversion may be completed in mutually agreed upon phases,with the project size minimums applying
to the aggregate project—provided that any necessary subsequent phase begins within a 1 year period from
completion of the prior phase and the minimums are met within,at most,3 phases;and
b. The Applicant must require all customers within the Conversion Area who currently have overhead service
directly from the Existing Overhead Facilities to convert their service entrances to underground within 6
months of completion of the Underground Facilities installation or each phase thereof;and
c. If the Applicant requests that facilities be placed in the ROW, the Applicant must be willing and able to
execute a right of way ("ROW") agreement with FPL or secure a ROW agreement through the appropriate
local government(s)with FPL;and
d. For any affected laterals,the complete lateral must be converted,including all stages of any multi-stage lateral;
and
e. There are no state or federal funds available to the Applicant to cover any portion of the cost of the
Conversion.
Special Circumstances. Conversions which do not meet the Tier 1 project size minimums described in section 1.a
are eligible for the ASRC in the following special circumstances:
i. An island or peninsula where 100%of the Existing Overhead Facilities are to be converted;or
ii. When the aggregate size of the first 3 phases of a project would satisfy the minimum size criteria but,
for mutually-agreed engineering or logistical reasons, those phases are non-contiguous; provided that
(a) the next(4th) phase must be adjacent to one or more of the first 3 phases such that the combined
contiguous area meets the minimum size criteria, and (b) this 4th phase begins within 1 year from
completion of the 3rd phase.
(Continued on Sheet No.9.721)
Issued by: S.E.Romig,Director,Rates and Tariffs
Effective: November 13,2008
16F 1 4
FLORIDA POWER&LIGHT COMPANY Original Sheet No.9.721
(Continued from Sheet No.9.720)
ASRC Tier 2. All eligibility criteria remain the same as Tier I with the exception that the Conversion Area must only
include between approximately 1 to 3 pole line miles or a minimum of approximately 85 detached dwelling units within
contiguous or closely proximate geographic areas.
U ASRC Tier 3. A Conversion Area that is less than 1 pole line mile within contiguous or closely proximate geographic
areas. Additionally,Tier 1 requirements for project completion timing in paragraph l.a.,as well as,paragraphs l.b.and
1.d.do not apply.
2. Contribution-in-Aid-of-Construction(CIAC). The Applicant shall pay FPL a CIAC as required by FPL's Electric Tariff and
Section 25-6.115 of the Florida Administrative Code.
i. CIAC(excluding ASRC) $44,680
ii. ASRC $ 2,234
iii. C1AC Due $42,446 (On Completion of Work)
In the event the actual cost of the Conversion (excluding ASRC) exceeds the estimate, the CIAC (excluding ASRC) shall be
adjusted by the lesser of(a)the difference between the actual cost of the Conversion and the estimate,or(b) 10%of the CIAC
(excluding ASRC) identified above. The ASRC shall also be adjusted accordingly and the Applicant shall pay FPL the
resulting difference in the amount of the CIAC Due.
3. Applicant-Installed Facilities. The Applicant may, upon entering into an applicant-installed facilities agreement satisfactory
to FPL,construct and install all or a portion of the Underground Facilities. Such work must meet FPL's construction standards
and FPL will own and maintain the completed facilities. The Applicant agrees to rectify any deficiencies,found by FPL,prior
to the connection of any customers to the Underground Facilities and the removal of the Existing Overhead Facilities.
4. Compliance with Tariff. The Applicant agrees to comply with and abide by the requirements,terms, and conditions of FPL's
Electric Tariff.
5. Timing of Conversion. Upon compliance by the Applicant with the requirements,terms,and conditions of FPL's Electric Tariff,
this Agreement and any other applicable agreements, FPL will proceed in a timely manner with the Conversion in accordance
with the construction drawings and specifications set forth in Attachment A hereof.
6. Relocation. In the event that the Underground Facilities are part of,or are for the purposes of, relocation, then this Agreement
shall be an addendum to the relocation agreement between FPL and the Applicant. In the event of any conflict between the
relocation agreement and this Agreement or the Electric Tariff,this Agreement and the Electric Tariff shall control.
7. Term. This Agreement shall remain in effect for as long as FPL or any successor or assign owns or operates the Underground
Facilities.
8. ASRC Repayment. If the Applicant does not satisfy the relevant eligibility criteria,the Applicant shall repay the ASRC within
30 days of written notice from FPL of such failure. Additionally, if at any point within 30 years of completion of the
Underground Facilities installation, the Applicant elects to have electric service within the Conversion Area supplied by a
provider other than FPL, the Applicant shall repay FPL a pro-rata share of the ASRC. The pro-rata share(which shall reflect
partial years)shall be determined as follows:
ASRC* [(30—years since the Underground Facilities completion date)/30]
Non-governmental Applicants, whose CIAC includes a Tier 1 or Tier 2 ASRC, shall provide, at the time of execution of this
Agreement, either a surety bond or irrevocable bank letter of credit (the "Security Instrument") in a form acceptable to FPL
evidencing ability to repay the ASRC. This Security Instrument shall remain in effect until such time as all customers within the
Conversion Area are converted. The Applicant may provide either an amended or replacement Security Instrument in a form
acceptable to FPL at any time to reflect the pro-rata adjustments to the ASRC amount. If,upon notice of cancellation or prior to
expiration of the Security Instrument, a replacement Security Instrument in a form acceptable to FPL is not provided by the
Applicant to FPL,FPL will require the third party issuing the Security Instrument to pay the full balance due in accordance with
this Agreement in cash.
(Continued on Sheet No.9.722)
Issued by: S.E.Romig,Director,Rates and Tariffs
Effective: November 13,2008
16F 1.4
FLORIDA POWER&LIGHT COMPANY Original Sheet No.9.722
(Continued from Sheet No.9.721)
9. Termination Prior to the Conversion Completion. Failure by the Applicant to comply with any of the requirements,
terms, or conditions of this Agreement or FPL's Electric Tariff shall result in termination of this Agreement. The
Applicant may terminate this Agreement at any time prior to the start of the Conversion and the CIAC paid by the
Applicant will be refunded to the Applicant;provided however,that the refund of the CIAC shall be offset by any costs
incurred by FPL in performing under the Agreement up to the date of termination.
10. Assignment. The Applicant shall not assign this Agreement without the written consent of FPL.
11. Adoption and Recording. This Agreement shall be adopted by the Applicant and maintained in the official records of
the Applicant for the duration of the term of this Agreement. This Agreement also shall be recorded in the Official
Records of the County in which the Underground Facilities are located, in the place and in the manner in which deeds
are typically recorded.
12. Conflict between Terms of Franchise Agreement. In the event of a conflict between the terms of this Agreement and
any permit or franchise agreement entered into by Applicant and FPL,the terms of this Agreement shall control.
IN WITNESS WHEREOF,FPL an¢the Applicant have executed this Agreement on the date first set forth above.
APPLI . oi FPL
Signer _ , Signed as---1,0
Name
•GIA A. HILLER, ESQ. Name Randy Camp
Title CHAIRWOMAN 9/10/13 Title Sr. Technical Specialist
Signed Approved in absentia per Resolution
Name No. 2000-149 on August 27, 2013
-
Title By: - L--Ochs, J . , ounty Manager
Approve a is e s and Conditions(if required by Applicant)
Signed
.i
Name GEIRGIA A. HILLER, ESQ.
Title CHAIRWOMAN 9/10/13
Approve Fo and Legal S fficiency(if required by Applicant)
Signed
ATTEST; ,
Name Scott R. Teach 10.4 -E_='Ot%CLERK d.
Title Deputy County Attorney is
DoputyCle
e- 1
Attest as to.Chi irn '
signature'only.
Issued by: S.E.Romig,Director,Rates and Tariffs
Effective: November 13,2008
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16F
ORIGINAL DOCUMENTS CHECKLIST &ROUTING SLI
TO ACCOMPANY ALL ORIGINAL DOCUMENTS.SENT TO
✓ BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU'4.
pink .Attach to original document Original documents should be hand delivered to the Board Office.The completed routing slip and anginal
documents are to be forwarded to the Board Office only After th item.)
Complete routing lines#1 through#4 as appropriate for additional signatures,•:tes,an m t or m .-.r:' needed.If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.Jennifer Belpedio,Asst County County Attorney's Office
Attorney $AC),\13
2. Executive Manager Board of County Commissioners
1\I/57 ccksVa
3. Minutes and Records Clerk of Court's Office %
kr 1/1
FoR PRIMARY INFORMATION
�CONTACT FORMATIONN -co l2
(The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive
summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing
information.AU original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff iltiAlatilatitgotta,, Phone Number 252-26
Contact Operations Analyst
Agenda Date Item was August 13,2013 Ab entia Meeting Agenda Item Number 11A
Approved by the BCC R\koV ' -
Type of Document FY13-14 Action Pl s luti" S 424, Number of Original 1 copy of each
Attached Certifications " Documents Attached
INSTRUCTIONS&CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial)/ Applicable)
1. Original document has been signed/initialed for legal sufficiency.(All documents to be esm
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.This includes signature pages from ordinances,
resolutions,etc.signed by the County Attorney's Office and signature pages from
contracts,agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A 1/
Offi a and all other parties except the BCC Chairman and the Clerk to the Board
3. Thehairman's signature line date has been entered as the date of BCC approval of the esm
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's esm
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip esm
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified.Be aware of your deadlines!
6. The document was approved by the BCC on 8-13/13 and all changes made during the
meeting have been incorporated in the attached document.The County Attorney's
• ' chan l es,if a s +licable.
�rrr-
,."
i y
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip W WS Original 9.03.04,Revised 1.26.05,Revised 2.24.05
16F i
MEMORANDUM
Date: September 17, 2013
To: Elly Soto McKuen, Grant Support Specialist
Housing, Human & Veterans Services
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Resolution 2013-179
FY 13-14 Action Plan
& SR424 (signed by CM during absentia)
Enclosed, please find one (1) scanned copy of each documents as
referenced above, (Agenda Item #16F1) which was approved by the
Board of County Commissioners on Tuesday, September 10, 2013.
The original has been kept by the Minutes and Records Department,
as part of the Board's Official Records.
If you should have any questions, please call me at 252-7240.
Thank you
16F ii
RESOLUTION NO. 2013 -17 9
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING: A ONE-YEAR ACTION PLAN
FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME
INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY SOLUTIONS
GRANT (ESG) PROGRAMS FY 2013-2014; AUTHORIZING THE CHAIR TO
EXECUTE REQUIRED HUD CERTIFICATIONS; AND AUTHORIZING
TRANSMITTAL OF THE PLANS TO THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD); AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the United States Department of Housing and Urban Development (HUD)
requires a Five-Year Consolidated Plan and One-Year Action Plan be developed and submitted
as an application for planning and funding of Community Development Block Grant (CDBG),
HOME Investment Partnerships (HOME), and Emergency Shelter Grant (ESG)Programs; and
WHEREAS, the overall goal of the community planning and development programs
covered by this plan is to develop viable communities by providing decent, affordable housing, a
suitable living environment and expanding economic opportunities for low and moderate-income
persons; and
WHEREAS, the Five-Year Consolidated Plan for FY 2011-2016 and an updated Citizen
Participation Plan were adopted by the Board of County Commissioners on July 26, 2011; and
WHEREAS, the FY 2013-2014 One-Year Action Plan will serve as a planning
document for Collier County; an application for federal funds under the HUD formula grant
programs; a strategy to be followed in carrying out the HUD programs; and an action plan that
provides a basis for assessing performances.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
1. The Board of County Commissioners of Collier County approves the FY2013-
Page 1 of 3
16F 1
2014 One-Year Action Plan for the CDBG, HOME, and ESG Programs, which is attached and
incorporated herein by reference, and authorizes the Housing, Human and Veteran Services
Department to transmit the Plans to the proper funding authority and take all necessary actions
for implementation of the CDBG, HOME, and ESG programs.
2. The Chairman of the Board of County Commissioners is authorized to execute
certifications pertaining to the Action Plan on behalf of the County.
3. The One-Year Action Plan sets forth the dollar amounts and draft project
descriptions for each project estimated for each activity to be funded by the CDBG, HOME, and
ESG Programs. A copy of the proposed projects, funding and beneficiaries is included in the
Executive Summary and incorporated by reference. Accordingly, the Subrecipient Agreement for
all CDBG, HOME and ESG projects will be subsequently entered into on behalf of Collier
County and each such Agreement is hereby acknowledged as providing for a valid public and
worthwhile County purpose.
4. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this Resolution.
5. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a
majority vote of the Board of County Commissioners.
This Resolution adopted this 10th day of September, 2013, after motion, second and
majority vote favoring same.
SIGNATURE PAGE TO FOLLOW
Page 2 of 3
16F
ATTEST:,
DWIGI ."F, , . aCLERK BOARD OF COUNTY COMMISSIONERS
• OF C• LIER COUNTY, FLORIDA
r '
i
By �.. :� By
`1,, pur ler / iRGIA A. HILLER, ESQ.
CHAIRWOMAN
Attest ash C "nanrs
signature only.
Approved in absentia per Resolution 2000-
149 on August 13, 2013
By: • .9
Leo . Ochs, Jr., Cou Tanager
Approved as to form and legality:
/�
(1.00-011200 02a
Y�,�• Jennifer A. Belpedio
Assistant County Attorney
Page 3 of 3
jem.....Liummim
P.�1,�ENtpF,y
o�Q' �G�
* 9
1,4 g / * p Third Program Year
04e��4o (FY2013) Action Plan
The CPMP Action Plan includes the SF 424 and Narrative Responses to Action Plan
questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year
in order to be compliant with the Consolidated Planning Regulations.
SF424
Complete the fillable fields (blue cells) in the table below. The other items are pre-
filled with values from the Grantee Information Worksheet.
Applicant,Identifier ,�' irea ' ,E a' F
`B-'13-CJC-120016" __ -wr'.4, Type..of_Submission J,....r,,_ `...k
Date Received by state - .. Florida =; Application ei,, _.`;Pre-aippljication ..x
Date Received by HUD. ;> : Federal Identifier;. Q Construction' r, _, 0 Construction ,
® Non'Construction ' is Non'Construction
Applicant Information. `j3 , ' Y j"
Collier County Board of County Commissioners Contact: Kimberley Grant
Public Services Division Phone: (239) 252-6287
3339 Tamiami Trail East Suite 211 Fax: (239) 252-2638
Naples, FL 34112 kimberleygrant@coliiergov.net
Employer Identification Number,(EIN) 4 € -,rV DUNS#
596000558 076997790.
Applicant Type.1', a ri.. ;Specify,Other Type"if;necessary
Local Government: County
5 r „>ri ,. .i U.S Department of
Program.Funding ^* Housing:-and Urban Development
Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s);
Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding
Community Development Block Grant 14.218;Entitlement Grant • ;,.
..
CDBG Project Titles Administration, Description of-Areas Affected.by'CDBG ,? ,
Project(i) Coun'w ide/Collier.County,FL
CDBG Grant Amount$2,092,307 .. Additional HUD Grants) escribe ; a .
. Leveraged -a r
Additional Federal Funds Leveraged ' Additional:State Funds Leveraged
0"
Locally Leveraged Funds 0 Grantee Funds Leveraged
0
Anticipated Program Income'0 Other(Describe):
Total Funds Leveraged for CDBG based Projects) 0 ..
(" )
16F 1
HpMe Investme #Partw a rs ips Program, 14.239 HOME
r' � ..tu;:., ._E :NS s,.`I..;� I. .ra.d.r F P# r n n
HOME Project Titles,Administration,Tenant Based Description of AreasAffected by;HOME
Rental'Assistance, CHDO:as§istance s, ',rf 'Project(i Co $�y''wi-de%Colller`Courttj),FL
HOME Grant Amount$474,031 Additional'HUD Grants) Describe
,' k . Levereged0, r�
Additional Federal Funds Leveraged 0 Adfitlon.a.0 State Furlds Leveraged 0
Locally Leveraged Funds$88,360(Match) Grantee Funds Leveraged
Anticipated Program Income 0 Other(Describe)
>• .r wt°
Total Funds Leveraged fbf.HOME based Project(s
Housing bppottunitres for,'P�,gopJQ"wiflh , 14.241 HOPWA
AIDS ,x4 ` €„ s ,;_� €r, �t . i,L':
HOPWA'Project Titles N/A',,-:, ;DescriptionsofAreas Affected by HOPWA."
, Project(s '.N/A.
HOPWA Grant Amount.$0 ,Additional;HUD Grant(s);.'.' 'Describe
Leveraged`: a .
Additional Federal,Funds.Leveraged Additional State!.Funds,Leveraged
Locally Leveraged Funds Grantee Funds Leveraged
k
Anticipated Program Income Other(Describe).
Total Funds Leveraged for HOPWA based Projects) w, "
6
Emergency Shelter GirantsProgram ?; '14.231 ESG
E i. 4 i' AMY E.:
ESG Project Titles;Administration,Abased Women .,Description of Areas Affected by'ESG .
and Children Shelter F' . :Projects)Coun '' ide/Collier County,;FL
ESG Grant Amount$132,640. Additional HUD Grants) Leveraged- Describe.'
0
Additional;Federal:Funds Leveraged Additional,State Funds Leveraged0
Locally Leveraged Funds$132,640 (Match) Grantee Funds Leveraged 0
Anticipated Program Income 0 •• Other(Describe)FY2011-12 2nd Allocation
. ',project match $49,227
Total Funds Leveraged for ESG=based Projects) $181,867 =f;
Congressional,Districts of: Is application subject to review by state
14 25. Executive Order 12372 Process?
Is the applicant delinquent on any federal ❑Ye .... This application was made available to
debt? If"Yes"please include an additional the state'1=0 12372 process,for'review
document explaining the situation. on'DATE
X No Program is not covered by EO 12372
0 Yes ® No ❑ N/A ' Program has not been selected by the
. state for review
(1.)
1 16F
•
Person to be contacted regarding this application
Kimberley Grant
(239) 252-6287
kimberleygrant@colliergov.net
Signature of Authorized::Representative. . Date Signed
Board of County Commissioners
Collier County,Florida
BY:Approved in absentia per Resolution 2000-149 on August a, 1.1,)13
201 .
411-
By:. Leo . Ochs,Jr., Coun+ 'manager`
Approved as to form and legality
C)1/4 -Q
istant Count+Attorney
16F 1
CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan
regulations,the jurisdiction certifies that:
Affirmatively Further Fair Housing--The jurisdiction will affirmatively further fair housing,which
means it will conduct an analysis of impediments to fair housing choice within the jurisdiction,take
appropriate actions to overcome the effects of any impediments identified through that analysis,and
maintain records reflecting that analysis and actions in this regard.
Anti-displacement and Relocation Plan--It will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
as amended,and implementing regulations at 49 CFR 24;and it has in effect and is following a
residential antidisplacement and relocation assistance plan required under section 104(d)of the Housing
and Community Development Act of 1974,as amended,in connection with any activity assisted with
funding under the CDBG or HOME programs.
Anti-Lobbying--To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid,by or on behalf of it,to any person
for influencing or attempting to influence an officer or employee of any agency,a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in
connection with the awarding of any Federal contract,the making of any Federal grant,the
making of any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or
cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency,a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in
connection with this Federal contract,grant,loan,or cooperative agreement,it will complete and
submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its
instructions;and
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers(including subcontracts,subgrants,
and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall
certify and disclose accordingly.
Authority of Jurisdiction—The consolidated plan is authorized under State and local law(as
applicable)and the jurisdiction possesses the legal authority to carry out the programs for which it is
seeking funding,in accordance with applicable HUD regulations.
Consistency with plan--The housing activities to be undertaken with CDBG,HOME,ESG,and
HOPWA funds are consistent with the strategic plan.
Section 3--It will comply with section 3 of the Housing and Urban Development Act of 1968,and
implementing regulatio u at 24 CFR Part 135.
),, ,
#" 1 \V A
Signa,41e/Authorized O Date
Approved as to form and legality CA
Assistant Count 1ttorney
0
16F 1
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation—It is in full compliance and following a detailed citizen participation plan that
satisfies the requirements of 24 CFR 91.105.
I
Community Development Plan—Its consolidated housing and community development plan identifies
community development and housing needs and specifies both short-term and long-term community
development objectives that provide decent housing,expand economic opportunities primarily for
persons of low and moderate income.(See CFR 24 570.2 and CFR 24 part 570)
Following a Plan—It is following a current consolidated plan(or Comprehensive Housing Affordability
Strategy)that has been approved by HUD.
Use of Funds—It has complied with the following criteria:
1. Maximum Feasible Priority.With respect to activities expected to be assisted with CDBG funds,
it certifies that it has developed its Action Plan so as to give maximum feasible priority to
activities which benefit low and moderate income families or aid in the prevention or elimination
of slums or blight.The Action Plan may also include activities which the grantee certifies are
designed to meet other community development needs having a particular urgency because
existing conditions pose a serious and immediate threat to the health or welfare of the
community,and other financial resources are not available);
2. Overall Benefit.The aggregate use of CDBG funds including section 108 guaranteed loans
during program year(s) 2 013, 2 014(a period specified by the grantee consisting of one,
two,or three specific consecutive program years),shall principally benefit persons of low and
moderate income in a manner that ensures that at least 70 percent of the amount is expended
for activities that benefit such persons during the designated period;
3. Special Assessments.It will not attempt to recover any capital costs of public improvements
assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount
against properties owned and occupied by persons of low and moderate income,including any fee
charged or assessment made as a condition of obtaining access to such public improvements.
However,if CDBG funds are used to pay the proportion of a fee or assessment that relates to
the capital costs of public improvements(assisted in part with CDBG funds)financed from
other revenue sources,an assessment or charge may be made against the property with respect
to the public improvements financed by a source other than CDBG funds.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted
with CDBG funds,including Section 108,unless CDBG funds are used to pay the proportion of
fee or assessment attributable to the capital costs of public improvements financed from other
revenue sources.In this case,an assessment or charge may be made against the property with
respect to the public improvements financed by a source other than CDBG funds.Also,in the
case of properties owned and occupied by moderate-income(not low-income)families,an
assessment or charge may be made against the property for public improvements financed by a
source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the
assessment.
Excessive Force--It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its
0
16F 1 .."
• jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such non-violent civil rights
demonstrations within its jurisdiction;
Compliance With Anti-discrimination laws—The grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964(42 USC 2000d),the Fair Housing Act(42 USC
3601-3619),and implementing regulations.
Lead-Based Paint—Its activities concerning lead-based paint will comply with the requirements of 24
CFR Part 35,subparts A,B,J,K and R;
Compliance with Laws--It will comply with applicable laws.
• LI
i k► 3
Signature/Authorized 0 ial Date
Leo E. Ochs, Jr. , County Manager
Title
__ Approved in absentia per Resolution 2000-149 on August 13, 2013
Approved as to form and legality
tstant Coun Attorney
e
16F 1
. _
OPTIONAL CERTIFICATION
CDBG
Submit the following certification only when one or more of the activities in the action plan are designed
to meet other community development needs having a particular urgency as specified in 24 CFR
570.208(c):
The grantee hereby certifies that the Annual Plan includes one or more specifically identified
CDBG-assisted activities which are designed to meet other community development needs
having a particular urgency because existing conditions pose a serious and immediate threat to
the health or welfare of the community and other financial resources are not available to meet
such needs.
. N/A
Signature/Authorized Official Date
Title
0
l6Fi
Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance—If the participating jurisdiction intends to provide tenant-based
rental assistance:
The use of HOME funds for tenant-based rental assistance is an essential element of the
participating jurisdiction's consolidated plan for expanding the supply,affordability,and
availability of decent,safe,sanitary,and affordable housing.
Eligible Activities and Costs--it is using and will use HOME funds for eligible activities and costs,as
described in 24 CFR§92.205 through 92.209 and that it is not using and will not use HOME funds for
prohibited activities,as described in§92.214.
Appropriate Financial Assistance—before committing any funds to a project,it will evaluate the
project in accordance with the guidelines that it adopts for this purpose and will not invest any more
HOME funds in combination with other Federal assistance than is necessary to provide affordable
housing;
r �
i l /4. 8 13 13
Signature/Authorized • cial Date
Leo E. Ochs, Jr. ,County Manager
T3itiP Approved in absentia per Resolution 2000-149 on August 13, 2013
Approved as to form and legality
GC ��
istant ttorney
d0
16F 1
ESG Certifications
The Emergency Solutions Grants Program Recipient certifies that:
Major rehabilitation/conversion—If an emergency shelter's rehabilitation costs exceed 75
percent of the value of the building before rehabilitation,the jurisdiction will maintain the
building as a shelter for homeless individuals and families for a minimum of 10 years after the
date the building is first occupied by a homeless individual or family after the completed
rehabilitation. If the cost to convert a building into an emergency shelter exceeds 75 percent of
the value of the building after conversion,the jurisdiction will maintain the building as a shelter
for homeless individuals and families for a minimum of 10 years after the date the building is
first occupied by a homeless individual or family after the completed conversion.In all other
cases where ESG funds are used for renovation,the jurisdiction will maintain the building as a
shelter for homeless individuals and families for a minimum of 3 years after the date the building
is first occupied by a homeless individual or family after the completed renovation.
Essential Services and Operating Costs—In the case of assistance involving shelter operations
or essential services related to street outreach or emergency shelter,the jurisdiction will provide
services or shelter to homeless individuals and families for the period during which the ESG
assistance is provided,without regard to a particular site or structure,so long the jurisdiction
serves the same type of persons(e.g.,families with children,unaccompanied youth,disabled
individuals,or victims of domestic violence)or persons in the same geographic area.
Renovation—Any renovation carried out with ESG assistance shall be sufficient to ensure
that the building involved is safe and sanitary.
Supportive Services—The jurisdiction will assist homeless individuals in obtaining permanent
housing,appropriate supportive services(including medical and mental health treatment,victim
services,counseling,supervision,and other services essential for achieving independent living),
and other Federal State,local,and private assistance available for such individuals.
Matching Funds—The jurisdiction will obtain matching amounts required under 24 CFR
576.201.
Confidentiality—The jurisdiction has established and is implementing procedures to ensure
the confidentiality of records pertaining to any individual provided family violence prevention
or treatment services under any project assisted under the ESG program,including protection
against the release of the address or location of any family violence shelter project,except with
the written authorization of the person responsible for the operation of that shelter.
Homeless Persons Involvement—To the maximum extent practicable,the jurisdiction will
involve,through employment,volunteer services,or otherwise,homeless individuals and
families in constructing,renovating,maintaining,and operating facilities assisted under the ESG
program,in providing services assisted under the ESG program,and in providing services for
occupants of facilities assisted under the program.
Consolidated Plan—All activities the jurisdiction undertakes with assistance under ESG
are consistent with the jurisdiction's consolidated plan.
Discharge Policy—The jurisdiction will establish and implement,to the maximum extent
practicable and where appropriate policies and protocols for the discharge of persons from
16F 1 '
pucly funded i ( es,mental health
facilitiesbli ,fufoster care nstitutions or other or youth systems facilitiesof care,or correction such as hea programs lth care and faciliti institutions)in order
to prevent this discharge from immediately resulting in homelessness for these persons.
%te-5 I�
9'%3113
Signature/Authorized Of 'al Date
Leo E. Ochs, Jr. , County Manager
Title
Approved in absentia per Resolution 2000-149 on August 13, 2013
Approved as to form and legality
Assistant County Attorney
• HOPWA Certifications
The HOPWA grantee certifies that:
Activities—Activities funded under the program will meet urgent needs that are not being met by
available public and private sources.
Building—Any building or structure assisted under that program shall be operated for the purpose
specified in the plan:
1. For at least 10 years in the case of assistance involving new construction,
substantial rehabilitation,or acquisition of a facility,
2. For at least 3 years in the case of assistance involving non-substantial rehabilitation or repair of a
building or structure.
N/A
Signature/Authorized Official Date
Title
16F 1
• APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING:
A. Lobbying Certification
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into.Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,title 31,
U.S.Code.Any person who fails to file the required certification shall be subject to a
civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
a`�
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ft F I '
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA
print on pink pa p1.1 tt;44,11 to orh!itial lieu neat, 1 he conideted routine,,hp a ad-soiainal doewaent:,Ara to be fe-mardeti to the Count) Attorney()like
at the time the item i4 placed on the age ads, Ail completed routine slip,.and orteinAideellinents ina,t area d is the Coluth kttorne)Mee no later
than 'Muddy preeeiliag the Board nu:A.-tine.
**NEW** ROUTING SLIP r,e,corttrwt,
Complete routing lines 41 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines 41 through 42,complete the checklist,and for ard to the Count yAttornev Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
C?7,111
4. BCC Office Board of County Y a 4 V1
e°
Commissioners
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Phone Number
Contact Department
Agenda Date Item was . ' V Agenda item Number • „
Approved by the BCC A
Type of Document Number of Original
Attached Documents Attached
PO number or account lc rt,ctg trA..t \-A„
number if document is
to be recorded
Name of Primary Staff Darryl Richard, MSTU Proj.Mgr. . Phone Number 252-5775
Contact
Agenda Date Item was Agenda Item Number -X6-D2',,
Approved by the BCC
Type of Document Right of Way Consent Agreement Number of Original I
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A” in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (initial) Applicable)
I. Does the document require the chairman's original signature? 43—
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name; Agency;Address:Phone)on an attached sheet. rif
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain ;4??
time frame or the BCC's actions are nullified. Be aware of your deadlines!
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03,04,Revised 1.26.05,Revised 2.24.05:Revised 11/30/12
8. The document was approved by the BCC on t/13113 (enter date)and all changes made
during,the meeting have been incorporate the attached document. The County
Attorney's Office has reviewed the than ,if applicable.
9. Initials of attorney verifying that the attac d document is the version approved by the
BCC,all changes directed by the BCC h e been made,and the document is ready for the
Chairman's signature. ,(, ,
,. ir, ,,, ,,.,,,k .,..„,,k,„ ,...A.,,,,, r
i
•
i
I
1:Forms/County Forms/13CC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2,24.05;Revised 11/30/12
16F 11
Martha S. Vergara
From: Martha S.Vergara
Sent: Tuesday, September 17, 2013 3:30 PM
To: emilyPepin @colliergov.net
Subject: FPL Right-of-Way Consent Agreement from 9/10/13 BCC Meeting
Attachments: Emily Pepin.pdf
Importance: High
Hi Emily,
I have a legal question, I attested and forwarded the aforementioned document to recording and they
returned it to me with a note stating that the representative for FPL was missing a notary/seal for his
signature. But his signature was witnessed on the document and the signatures are all originals. Can you
please verify for me if the notary/seal is necessary?
Thanks,
Martha Vergara, BM.R Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara @collierclerk.com
1
16F 1 '
Martha S. Vergara
From: PepinEmily <EmilyPepin @colliergov.net>
Sent: Wednesday, September 18, 2013 8:41 AM
To: Martha S.Vergara
Subject: RE: FPL Right-of-Way Consent Agreement from 9/10/13 BCC Meeting
Martha,
Because this agreement is technically concerning a license to use the land and is to be recorded,I will ask that it be
notarized like other conveyances require. Could you send the original to my attention? I apologize for the oversight.
Emily R. Pepin
Assistant County Attorney
(239) 252-8400
From: Martha S. Vergara fmailto•Martha VeraaraCa�collierclerk.com]
Sent: Tuesday, September 17, 2013 3:30 PM
To: PepinEmily
Subject: FPL Right-of-Way Consent Agreement from 9/10/13 BCC Meeting
Importance: High
Hi Emily,
I have a legal question, I attested and forwarded the aforementioned document to recording and they
returned it to me with a note stating that the representative for FPL was missing a notary/seal for his
signature. But his signature was witnessed on the document and the signatures are all originals. Can you
please verify for me if the notary/seal is necessary?
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergarana,collierclerk.com
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s).It may not be
used or disclosed except for the purpose for which it has been sent.If you are not the intended recipient,you must not copy,distribute or take
any action induced by or in reliance on information contained in this message.
Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error,please notify the Clerk's Office by emailing helodesk @collierclerk.com quoting
the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any
onward transmission or use of emails and attachments having left the CollierClerk.com domain.
1
16F 1
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records
request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing.
Under Florida Law,e-mail addresses are public records.If you do not want your email address released in response to a public records request.do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
2
16F 1 .1
COUrity bl Collier
CLERK OF THE CIRCUIT COURT
COLLIER COf}JNTY VURTHOUSE Clerk of Courts
Dwight E. Brock P.O', Ox 4044
Clerk of Courts { Accountant
NAPLES, FT ORIDA 4101-3044 Auditor
Custodian of County Funds
DATE: September 17, 2013 .
TO: MINUTES & RECORDS
ATTN: MARTHA; RETURNING RIGHT OF WAY CONSENT AGREEMENT
Your document(s) are being returned unrecorded. Please make the following corrections(s) and return with this form
for recording. A self-addressed postage paid envelope must be included for the return of your original documents after
recording, unless you have a pick-up box.
❑ 1. Recording Fee
($10.00 1 page $8.50 each additional page per document)
Indexing Fee
(4 names free then $1.00 per name thereafter)
Documentary Tax
(Deeds .70 per$100 Mtge .35 per$100)
Intangible Tax (2 mills/.002 per dollar)stale dated
❑ 2. Check not enclosed ❑ not signed check to: CLERK OF COURTS)
incorrect amount ❑
❑ 3. Furnish original documents(s) or certified copy for recording
❑ 4. Documents not for Collier County.
❑ 5. Notarization is incomplete
❑ 6. Grantee's address must be shown on deed
❑ 7. Signature(s) must be witnessed and notarized DEEDS REQUIRE (2)WITNESSES
❑ 8. Name and address of Preparer must appear on the document(s)
❑ 9. Legal Description or Exhibit missing ❑ or incomplete ❑
❑ 10. State amount of Consideration. For you convenience you may use the attached form.
❑ 11. Furnish Official Record Book & Page numbers of referenced document
❑ 12. First Party Name(s) ❑ Second Party Name(s) ❑ missing
❑ 13. Florida Death Certificate cannot show the cause of death
❑ 14. Other: RET FR IN VIA INTRO FILE PE MISS R INSTRUCTIONS ON 09/17113,NOTARIZATION
FOR DWIGHT E. BROCK, CLERK OF CIRCUIT COURT
BY Patricia Kelly-DeCianni DEPUTY CLERK
16F 11
INSTR 4903342 OR 4976 PG 183 •
RECORDED 10/17/2013 2:27 PM PAGES 8
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
Structure No.: 155M2 REC$69.50
Section,Township,Range: 6-50-26
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, Attn: Corporate 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 34112-5356,
hereinafter referred to as "Licensee", using an area within Company's right-of-way granted by that certain
agreement recorded in OR Book 513, at Page 583, Public Records of Collier County, Florida. The said
area within Company's right-of-way, hereinafter referred to as "Lands". The use of the Lands by Licensee,
shall be solely for the purpose of installation of pavers and landscaping associated with the Rich King
Memorial Greenway as submitted by Licensee,attached hereto as Exhibit"A".
In consideration for Company's consent and for the other mutual covenants set forth below,and for
Ten Dollars and No Cents($10.00) and other good and valuable consideration,the receipt and adequacy of
which is hereby acknowledged,the parties hereto agree as follows:
1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event
Licensee does not own said Lands;to obtain any and all applicable federal,state,and local permits required
in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all
federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the
Lands by Licensee pursuant to this Agreement.
2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is
subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees,
agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities
located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads;
maintain any facilities, devices, or improvements on the Lands which aid in or are necessary to Company's
business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee
understands that in the exercise of such rights and interest, Company from time-to-time may require
Licensee, to relocate,alter, or remove its facilities and equipment, including parking spaces and areas, and
other improvements made by Licensee pursuant to this Agreement which interfere with or prevent
Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities.
Licensee agrees to relocate, alter, or remove said facilities, equipment, parking spaces and areas, and other
improvements within thirty (30) days of receiving notice from Company to do so. Such relocation,
alteration, or removal will be made at the sole cost and expense of Licensee and at no cost and expense to
Company; provided however, should Licensee, for any reason, fail to make such relocation, alteration, or
removal , Company retains the right to enter upon the Lands and make said relocation, alteration, or
removal of Licensee's facilities, equipment, parking spaces and areas, and other improvements and Licensee
hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon
demand.
3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of
Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous
condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14)
of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC
Section 9601 [14]), petroleum products, liquids or flammables shall be placed on, under,transported across
or stored on the Lands, which restricts, impairs,interferes with,or hinders the use of the Lands by Company
Form 3740 Rev. 8/24/09
Page 1 of 6
16F i '
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
"Exhibit B"prior to the commencement of constriction 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 3140 Rev. 8/24/09
Page 2 of 6
0
16F 104
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, to indemnify and save harmless
Company, its parent, subsidiaries, affiliates, and their respective officers, directors, 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 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, 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 is self insured for all liability claims and related expenses pursuant to the
provisions of Section 111.072 and 768.28,.Florida Statutes.
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,despite having been given forty-five(45)days written notice to do so..
15. The use granted herein as shown on Exhibit "A" shall be under construction by Licensee
within one (1) year of the effective date of this Agreement and the construction shall be diligently pursued
to completion. Licensee shall give Company ten (10) days,prior written notice of its commencement of
construction. "Under construction" is the continuous physical activity of placing the foundation or
continuation of construction above the foundation of any structure or improvement permitted hereunder.
Under construction does not include application for or obtaining a building permit, a site plan approval or
zoning approval from the appropriate local government agency having jurisdiction over the activity,
purchasing construction materials, placing such construction materials on the site, 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 one(1)year time
period will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for
failing to comply with the provisions contained herein unless Licensor grants a written extension for a
mutually agreed upon time. Any request for an extension of time shall be submitted in writing by Licensee
no later than thirty (30) days prior to the expiration of the one (1)year period for the project to be under
construction.
16. The term "Licensee" shall be construed as embracing such number and gender as the
character of the party or parties require(s)and the obligations contained herein shall be absolute and 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.
Form 3740 Rev. 8/24/09
Page 3 of 6
(E)
16F 11
19. Licensee agrees that any review or approval by Company of the plans andlor specifications
submitted by Licensee attached hereto as Exhibit "A", the approval of the identity of any contractors.
subcontractors and materialmen, or the delivery by Company ol'any construction specifications to Licensee,
is solely for the purpose of processing this Consent, and without anv 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 I_,icensee of any liability hereunder. Further. Licensee. in
connection with the construction. maintenance and/or removal of improvements depicted on Exhibit. C3 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 11nited 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.
The parties have executed this Agreement this day of
;t _._ , 20 .
Witnesses: FLORIDA POWER& .LIGJIT COMPANY
B . = ,
Signature: Its: Area Real Estate Man<rgi'
Print 1-6-5' t <_ ,z j ✓ ._ Print Name: Mark L. Byers f runt Name: .._ _ _...... _
Signature
Print Natnc,`, �..'
State of Florida )
)ss:
County of Sarasota
On this day of '013, betoit me,the undersigned Notary t ublic, personally appeared Mails
F. Byers.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.
(seali
- • NOT.ARY PUBLIC,STATE I E OF FLORIDA
. ROSE MARIE NOVAK
MY COMMISSION IEE030266
V �` EXPIRES:December£ 2014 Print Name:
'
Bcndett Mb;Notary Public Underwriters
Commission No
My Commission Expires:
(Acknowledgements Continued on Next Page)
P 3 ct e ti of e
1 6 F
Approved and accepted for and behalf of Collier County.Florida, this day of g 20
AlTES BOARD OF COUNTY COMMISSIONERS
COLLIER (OliNTY, FLORIDA
1)WIGHT F BROCk,Cierk
B\ f r;1,4jj, et)
BY:
Deputy Clerk Georgia lIilkr, Esq.,Chairwoman
Attest as to Chairman's
signature only. APPROVED AS 10 FORM AND LEGALITY:
By. 1 vt.Y41, i
Assistant Vounty Attorney
Approved in absentia per Resolution No. 2000-149
on August 13. 2013
By:
Leo E. Ochs, Jr., County Manager
Fcn 3740 Pcv. 6,:e4
Page 5 of 6 mak..
16F 1 I
ADDENDUM
• Prior to the commencement of any construction activities within the Lands, Licensee will contact
FPL for a Safety Six presentation to all employees,contractors and invitees. Please contact Scott
Brewer with FPI..;'s Transmission Operations Department to coordinate this meeting at(941)650-
9297.
3740 Rev. 8/24/09
Page 6 of 6 — ;
EXHIBIT "A" 16F 1
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EXHIBIT "A"
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16F 1 "
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IS EXHIBIT nEr .
FPL. NOTIFICATION OF FPL FACILITIES
Customer/Agency, __a_ _a_ Date of Meeting/Contact:
Developer/Contractor Name Project Number/Name:
•
Location of Project_.. City:. _....__........................._.._...............__....._._._
FPL Representative___ _______.._-_ _____._..._....._..._._.._...__.._..._.y__.�___ Phone; ._._._.__. ______
Developer/Contractor Representative FPL Work Request#/Work Order;#: ____ .........................._
FPL calls your attention to the fact that there may be energized,high voltage electric lines,both overhead and underground,located in the area of this project. It is
imperative that you visually survey the area and that you also take the necessary steps to identify all overhead and underground facilities prior to commencing
construction to determine whether the construction of any proposed improvements will bring any person, tool, machinery,equipment or object closer to FPL's
power lines than the OSHA-prescribed limits. If it will,you must either re-design your project to allow it to be built safely given the pre-existing power line location,
or make arrangements with FPL to either deenergize and ground our facilities,or relocate them,possibly at your expense,You must do this before allowing any
construction near the power lines. It is impossible for FPL to know or predict whether or not the contractors or subcontractors,and their employees,will operate
or use cranes, digging apparatus or other mobile equipment, or handle materials or tools, in dangerous proximity to such power lines during the course of
construction,and,if so,when and where. Therefore,if it becomes necessary for any contractor or subcontractor,or their employees,to operate or handle cranes,
digging apparatus, draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might come closer to underground or
overhead power lines than is permitted by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such
planned operation 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 Code('NESC')prescribes minimum clearances that must be maintained. If you build your structure so that those clearances cannot
be maintained,you may be required to compensate FPL for the relocation of our facilities to comply with those clearances. As such,you should contact FPL prior
to commencing construction near pre-existing underground or overhead power lines to make sure that your proposed improvement does not impinge upon the
NESC clearances.
It is your responsibility and the responsibility of your contractors and subcontractors on this project to diligently fulfill the following obligations:
1. Make absolutely certain that all persons responsible for operating or handling cranes,digging apparatus,draglines,mobile equipment or any
equipment,tool,or material capable of contacting a power line,are in compliance with all applicable state and federal regulations,including but
not limited to U.S.Department of Labor OSHA Regulations,while performing their work.
2. Make sure that all cranes,digging apparatus,draglines,mobile equipment,and all other equipment or materials capable of contacting a
power line have attached to them any warning signs required by U.S.Department of Labor OSHA Regulations.
3. Post and maintain proper warning signs and advise all employees,new and old alike,of their obligation to keep themselves,their tools,
materials and equipment away from power lines per the following OSHA minimum approach distances(refer to OSHA regulations for restrictions):
'Power Line Voltages Personnel and Equipment Cranes and Derricks **Equipment,Crane&Derrick Travel under or near Power Lines
("'29 CFR 1910.333 and 1926.600) (29 CFR 1926,1407,1408) (29 CFR 1926.600-Equipment) (1926.1411-Cranes and Derricks)
0-750 volts 10 Feet 10 Feet 4 Feet 4 Feet
751-50,000 volts 10 Feet 10 Feet 4 Feet 6 Feet
69,000 volts 11 Feet 15 Feet 10 Feet 10 Feet
115,000 volts 13 Feet 15 Feet 10 Feet 10 Feet
138,000 volts 13 Feet 15 Feet 10 Feet 10 Feet
230,000 volts 16 Feet 20 Feet 10 Feet 10 Feet
500,000 volts 25 Feet 25 Feet 16 Feet 16 Feet
'When uncertain of the voltage,maintain a distance of 20 feet for voltages up to 350,000 volts and 50 feet for voltages greater than 350,000
volts.
"On Construction Sites,with no load.
—For personnel approaching insulated secondary conductors less than 750 volts,avoid contact
4. All excavators are required to contact the Sunshine State One Call of Florida, phone number 1-800-432-4770 or 811 a minimum of two working days
(excluding weekends)in advance of commencement of excavation to ensure facilities are located accurately.
5. Conduct all locations and excavations in accordance with the Florida Statute 556 of the Underground Facilities Damage Prevention&Safety Act and all
local city and county ordinances that may apply.
6. When an excavation is to take place within a tolerance zone,an excavator shall use increased caution to protect underground facilities.
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 this project,to be shared with their supervision and employees prior to
commencing work on this project.
Means by which this notification was provided to customer andior contractor Address
FPL Representative Signature Date
�..._...._................._. Date
CustomerdoeveloperiContractor Representative Signature
Form 360 Rev 11108110