Backup Documents 02/22/2011 Item #16E1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Anach [a original document. Original doclIments should be hand delivered to the Board Office. The compleled routing slip and original
documcnt.s aTI.: to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate fOf addj[ional signatures, dates, and/or information needed. If the document is already complete with the
eXl.:e tion orlhe Chairman's si nature, draw a line throu h fOut~nes_#_!..Q~~~Jl_~1'~2r!ele the checklist, and forward to Sue Filson (line #5).
Rpute to Addressee(s) Office Initials Date
(I...Jst in routing order)
1.
2.
3.
4.
<-/1:'>//{
5. Ian Mitchell, Ice
Supervisor
6. Minutes and Records
Board of County Commissioners
Clerk of Court's Office
"
PIUMARY CONTACT INFORMATION
(Tht:: primary contact is the holder of the orlgma] document pending BCC approval. Normally the primary contact is the person who created/prepared the execulive
SUIT'.mary. Primary contact information is lleeded in the event one of the addressees above, including Sue Filson, need to contact stafT for additional or missing
information, AI! original documents needing lhe Bee Chairm.an's signatlllc are to be dc:livered to the BCe office only after the Bee has acted to approve the
item.'
Gnu11:J~:J-- .~-
Name of Primary Staff
Contact
-_.~--
Agenda Date Item was 2./Lz./11
Anproved bv the BCC
Type of Document !Jtf!trlo/!A.,J'kh .t..
Attached ~t
Phone Number
013
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3
Agenda Item Number
~ Number of Original
Documents Attached
6mr (2.
INSTRUCTIONS & CHECKLIST
L
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro ri ate.
.--..----.-
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 Attomey. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attomey's Office and signature pages from
contracts, agreements" etc. that have been fully executed by all parties except the Bee
Chairman and Clerk to the Board ancl~ssibly.slatc Offi.0~tI-,-) __
All handwritten strike-through and revisions have been initialed by. the Coullti Attorney's
Office and all othtr parties except the Bee Chairman and the Clerk to the Board
The Chairman's sjgnat~-r-;}ine date h~s be~.;e~Zredas -the da~-'~TBCC apploval of the
document or the final negotia~~~~_<:~'!_tract date wtli~~l~_v.!?r is aPl~i!~'_l~______._.
"Sign here" tabs are placed on the appropriate pages indicating where thc Chairman'5
signature and initi{_~~il~~!equj_I~9_:...._,_~_______._____.___ ____._______"._~_
In most cases (some contracts arc an exception), tbe original docllment and this routing slip
should be provided to Jan Mithchcll in the Bee office within 24 hour~ ofBCC approval.
Some documents arc time sensitive and require forwarding to Talbha~see within a certain
_time frame or the l~CC )~. actjo_l_l~.~!.r~!.l.ul]ific_~.:...r!(;_n~~-c_~IL2:_<2~~r__c~~~_~Ui'.!.~~s '- .,., ,.______~___
The document was approved by Ow Bee OH.Z,!i.Z:!t{(cnttr date) aud all changes
made during thc meeting Ill-H'C !H'cn incorporaltd ill the ,lttachcd document. The
C 0 1!~~!1 ~ tto rn ey' s 0 ffj cc h a s~E~i ev~:yd .!~~E!.l.'~I~~.?_~[~Pl~l.i ~ ;~I.!.I~____ ____ . ___.___._~_
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Yes
(Initial)
N/A (Not
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6.
h:Jllllsl County lomlsl Bce hlfrml Origin:11 J)UCUllltflIS Ruuling \I,p WVi.'i Origill<ll SI(JJ(j'l, Rcvi\cd J ,)6,05, J{evised 2,24.0_\ Revistd () J k,09
16E <11
MEMORANDUM
Date:
February 23, 2011
To:
Gary Bigelow, Property Acquisition Specialist
Facilities Management Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
ROW Memo (1) & ROW Consent Agreements (2)
Attached are the original as referenced above, (Item #16E1) approved by the
Board of County Commissioners on February 22, 2011.
Please return the Recorded Original.
If you have any questions, please contact me at 252-7240.
Thank you.
16E l'
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 RIGHT-OF- WAY CONSENT AGREEMENT dated this
~ day of kJt:> , 2011, 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").
WITNESSETH:
WHEREAS, on the ~ay of _~ ,2011 Company and Licensee entered into a
written Right-of-Way Consent Agreement, hereinafter referred to as the "Agreement" related
to certain property situated in the County of Collier, State of Florida as more particularly set
forth in said Agreement and described in Exhibit "A" attached hereto and made a part hereof
and hereinafter referred to as the "Lands", and
WHEREAS, the parties are desirous of placing their interest therein as a matter of
public record.
NOW THEREFORE, in consideration of the mutual covenants herein contained and
the parties intending to be legally bound thereby, the parties hereto agree as follows:
1. The property described in Exhibit "A" is subject to a right-of-way in favor of
Company recorded in OR Book 2868, at Page 3126. of the Public Records of Collier County,
Florida.
2. 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)
foot wide concrete paver pathway. subject to certain conditions and restrictions.
3. The Agreement is assignable to purchasers of all or a portion of the Lands
provided that the purchasers assume the obligations under the Agreement and specifically
acknowledge and agree that the use of the property and improvements to be placed on the
property are strictly limited to those depicted on a certain plan of improvement and are
otherwise subject to the terms of the Agreement.
16E :1
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement
on the date hereinabove written.
Witnesses;
Company:
FLORIDA POWER & LIGHT COMPANY
lR-~~
SigIlature
~G N1 ~ tJoIkk-
N~rint): ,_
~ '. . a(({o (U.iZ!J
Slgn~rn ' ,
tfi<t DC(t L! 06---
Name (Print):
By;
Its: West Area Real Esta
Print Name; Mark Byers
State of Florida )
)ss:
County of Sarasota )
On this ~t& day o~, 20.!J.., 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.
(\'ea/)
In Witness Whereof: I hereunto set m~Y1::~
NOTARY PUBLIC, STATE OF FLORIDA
Print Name: ~2 111t\x-.i; Nc)/1'r1::....
Commission No.:
My Commission Expires:
....J<....... ROSE MARIE NOV,II(
tJ~ij.J. . \ MY COMMl5SlON' EE 030~
~ ;-: EXPIRES: December 6. 201:ers
":J.1.....g./ BondedThruNotaryPublitUndefWf
..Iff....
(Acknowledgements Continued on Next Page)
ATTEST:
DWIGHT E. BRQCK, Clerk
BY:
ty
AtteIt . .. Ole t".. .
.ttlttwe ...
APPROVED AS TO FORM
:~;~
ROBERT N. ZACHARY,
Assistant County Attorney
16E 1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: NW ~
FRED W. COYLE, Chairman
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16E 1
This Instrument Prepared By:
Mark Byers CRE/AOW
Florida Power & Light Company
P.O, BOX 1119
Sarasota. FL 34230
Line No: 8B Parcel No: 3
Line Name: Collier-Naples #1 I38kv
Structure No.: 147M4-148M8
Section, Tovmship, Range: 27-49-25
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 2868, at 3126, of the 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 an eight (8) foot wide concrete paver pathway 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:
I, 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 penn its 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, tor any reason, fail to make such relocation, alteration, or
fQ~m 37~G Rev. 10/3/95
Page 1 of 5
16E 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 960 I [14]), petroleum products, liquids or flammables shall be placed on, under, transported across
or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company
or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should
create a hazardous condition, then upon notification by Company, Licensee shall, within seventy-two (72)
hours, at its sole cost and expense, correct such condition or situation; provided however that the Company
retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its
execution hereof, Licensee hereby agrees to indemnifY and hold hannless Company from all loss, damage or
injury resulting from Licensee's failure to comply with the provisions of this Agreement.
4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors
from using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen (14)
feet above existing grade and further agrees that no dynamite or other explosives shall be used within the
Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided
herein, shall be made which will result in preventing Company access to its facilities located within said
Lands. Unless otherwise provided herein, Licensee agrees to maintain a forty (40) foot wide setback,
twenty (20) feet on each side, from Company's facilities.
5. Trees, shrubs, and other foliage planted or to be planted upon the Lands by Licensee are not
to exceed, 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
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 linger roads and
underground systems crossing said patrol and finger roads are to be buried at a minimum depth of one (I)
foot below existing road grade.
8. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the
electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high
voltage electricity and agrees to use all safety and precautionary measures when working under or near
Company's facilities.
9. Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris.
Except as provided herein, Licensee further understands and agrees that certain uses of the Lands are
rcrm:j-'4,i Rev. lO/9/S+5
Page 2 of 5
16E 1
specifically prohibited; such uses include but are nDt limited tD recreatiDnal purpDses, hunting and camping,
and Licensee agrees tD nDtifY its emplDyees. agents, contractDrs, and invitees accordingly.
10. The use Df the Lands by Licensee shall be at the sDle risk and expense of Licensee. and
Company is specifically relieved of any responsibility for damage Dr loss to Licensee Dr other perSDns
resulting from Company's use Dfthe Lands for its purpDses.
II. Notwithstanding any provisiDn cDntained herein, Licensee agrees tD reimburse CDmpany
for all CDSt and expense fDr any damage tD Company's facilities resulting from Licensee's use Df the Lands
and agrees that if, in the DpiniDn Df CDmpany, it becomes necessary as a result Df Licensee's use of the
Lands for Company to relocate, rearrange or change any Df its facilities, to promptly reimburse Company
for all cost and expense involved with such relocation. rearrangement or change.
12. TD the extent provided for in section 768.28, Florida Statutes, Licensee agrees it will
exercise its privileges hereunder at its own sole risk and agrees 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 Dr artificial, by reason of the death of Dr injury tD any
person or damage to any property except those due tD Dr caused by the negligence of FPL Entities, arising
DUt of Dr in connection with the herein described purposes by Licensee, its cDntractors, agents, Dr
emplDyees; and Licensee agrees to defend at its sole CDSt and expense and at nD cost and expense tD FPL
Entities any and all suits or action instituted against FPL Entities. fDr the impDsitiDn Df such liability, IDss,
CDSt and expense.
13. Licensee is self insured for all liability claims and related expenses pursuant to the
provisions Df Section 1Il.0n and 768.28, Florida Statutes. .
14. This Agreement will become effective upDn executiDn by Company and Licensee and will
remain in full force and effect until completiDn of Licensee's use Dfthe Lands pursuant to this Agreement,
unless earlier terminated upDn ninety ( 90 ) days written notice by Company tD Licensee, or at the optiDn of
CDmpany, immediately upDn Licensee failing to comply with or to abide by any or all Df the provisiDns
cDntained herein.
15. The use granted herein as shown on Exhibit "A" shall be under construction by Licensee
within 3 years Df the effective date Df this Agreement and the constructiDn shall be diligently pursued to
cDmpletion. Licensee shall give CDmpany ten (10) days prior written nDtice of its commencement Df
construction. "Under constructiDn" is the cDntinuDus physical activity of placing the foundatiDn or
continuation of constructiDn above the fDundation of any structure or improvement permitted hereunder.
Under construction dDes not include application fDr or Dbtaining a building permit, a site plan approval Dr
zoning approval from the appropriate IDcal government agency having jurisdiction over the activity,
purchasing cDnstruction materials, placing such construction materials on the site, clearing Dr grading the
site (if permitted) in anticipatiDn Df constructiDn, site surveying. landscaping wDrk or reactivating
construction after substantially all construction activity has remained stDpped for a period of two (2) mDnths
or more. Licensee acknowledges that failure tD have the use under cDnstruction within the one (I) year time
period will result in immediate terminatiDn Df this Agreement in accordance with Paragraph 14 herein for
failing tD cDmply with the provisions cDntained herein unless LicensDr grants a written extension fDr a
mutually agreed upon time. Any request for an extension of time shall be submitted in writing by Licensee
nD later than thirty (30) days priDr tD the expiratiDn Df the one (I) year period fDr the project tD be under
construction.
llll ' ~ ?",v. I '-</ .~c,
Page 3 of 5
16E 11
16. The term "Licensee" shall be construed as embracing such number and gender as the
character ofthe 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 contlict 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 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.
The parties have executed this Agreement this ~-day of dMJ~ ,20-'1.
Wit~~~
Signature:
By:
Its: West Area Real Estate M
Print Name: f-oSE MAx.-tG NOvAk.
Print Name: Mark L. Byers
(Acknowledgements Continued on Next Page)
Form 3710 2ev. ll!9!~~
Page 4 of 5
l6E 1
Approved and accepted for and behalf of Collier County. Florida, this ~ day Of~, 2011.
(Official Seal)
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
B~~
. ' ,D pu Clerk
AttItt II .. Qe 1 .
.~ ..-
BY: '1u~ w. ~
FRED W. COYLE, Chainnan
APPROVED AS TO FORM
ANDZ~NCY
BY" A~
RO ERT N. H RY,
Assistant County Attorney
Form 3740 Rev. 10/9/95
Page 5 of 5
16 E 1 Co
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16E 1
This Instrument Prepared By:
Mark Byers CRE/AOW
Florida Power & Light Company
P.O. BOX 1119
Sarasota. FL 34230
Line No: 8B Parcel No: 3
Line Name: Collier-Naples #1 I38kv
Structure No.: 147M4-148M8
Section, Township, Range: 27-49-25
RIGHT-OF-WA Y 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 2868, at 3126, of the 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 an eight (8) foot wide concrete paver pathway 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:
I. 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 penn its 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 reseIVes 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-ta-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
t~ ~ !'.:,": .
Page 1 of 5
10E 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 tenn 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
or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should
create a haz.ardous 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 hannless Company from all loss, damage or
injury resulting from Licensee's failure to comply with the provisions of this Agreement.
4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors
from using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen (14)
feet above existing grade and further agrees that no dynamite or other explosives shall be used within the
Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided
herein, shall be made which will result in preventing Company access to its facilities located within said
Lands. Unless otherwise provided herein. Licensee agrees to maintain a forty (40) foot wide setback,
twenty (20) feet on each side, from Company's facilities.
5. Trees, shrubs, and other foliage planted or to be planted upon the Lands by Licensee are not
to exceed, 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
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 (I)
foot below existing road grade.
8. Licensee agrees to warn its employees, agents. contractors and invitees of the fact that the
electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high
voltage electricity and agrees to use all safety and precautionary measures when working under or near
Company's facilities.
9.
Except as
Licensee agrees, at all times, to maintain and keep the Lands clean and tree of debris.
provided herein, Licensee further understands and agrees that certain uses of the Lands are
Page 2 of 5
16E 1
specifically prohibited; such uses include but are not limited to recreational purposes, hunting and camping,
and Licensee agrees to notit'y its employees, agents, contractors, and invitees accordingly.
10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee. and
Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons
resulting from Company's use of the Lands for its purposes.
I I. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company
for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands
and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the
Lands for Company to relocate. rearrange or change any of its facilities, to promptly reimburse Company
for all cost and expense involved with such relocation, rearrangement or change.
12. To the extent provided for in section 768.28. Florida Statutes, Licensee agrees it will
exercise its privileges hereunder at its own sole risk and agrees to indemnity 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 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 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 I 11.072 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.
15. The use granted herein as shown on Exhibit "A" shall be under construction by Licensee
within 3 years of the effective date of this Agreement and the construction shall be diligently pursued to
completion. Licensee shall give Company ten (10) days prior written notice of its commencement of
construction. "Under construction" is the continuous physical activity of placing the foundation or
continuation of construction above the foundation of any structure or improvement permitted hereunder.
Under constmction 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 (I) 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 (I) year period for the project to be under
construction.
Page 3 of 5
16E 1
16. The tenn "Licensee" shall be constmed 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 of this Consent Agreement, the prevailing
party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees subject
to the limitations ofliability 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.
The parties have executed this Agreement this S-tf.. day Of~, 20Jj.
Witnesses: \~ 11
(J2-.-~' ~
Signature:
Print Name/?_ tQ,SE t'Ylf\-x...lc NolftL
NIl c(rf1)UI{;g
Signatute: () > "
Print Name: 1'\.4:=: 1-)0(,-, l tV Co
:~O~R&LIGH
Its: West Area Real Estate
OMPANY
Print Name: Mark L. Byers
(Acknowledgements Continued on Next Page)
;........';
Page 4 of 5
16E 1
Approved and accepted for and behalf of Collier County, Florida, this ~ day of _~. ,2011.
(Official Seal)
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
~~ ~ i~
BY: I~ -
-, . ,etyCrk
Mlllt . .. 01' .
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BY: ~W. ~
FRED W. COYLE. Chairman ..
APPROVED AS TO FORM
AND LEG NCY
~
Form 3740 Rev. 10/9/95
Page 5 of 5
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16E 1
This Instrument Prepared By:
Mark Byers, CRE/AOW
Florida Power & Light Company
P.O. BOX 1119
Sarasota, FL 34230.
INSTR 4530121 OR 4655 PG 2392
RECORDED 2125/2011 3:21 PM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $35.50
THIS SPACE RESERVED FOR RECORDING
MEMORANDUM OF lUGHT -OF - WAY CONSENT AGREEMENT
THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this
~ day of ~t::> , 201L by and between COLLIER COUNTY, FLORIDA, a political
subdivision ofthe 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").
WITNESSETH:
WHEREAS, on the ~ay of _~ ,20.11 Company and Licensee entered into a
written Right-of-Way Consent Agreement, hereinafter referred to as the "Agreement" related
to certain property situated in the County of Collier, State of Florida as more particularly set
forth in said Agreement and described in Exhibit "A" attached hereto and made a part hereof
and hereinatler referred to as the "Lands", and
WHEREAS, the parties are desirous of placing their interest therein as a matter of
public record.
NOW THEREFORE, in consideration of the mutual covenants herein contained and
the parties intending to be legally bound thereby, the parties hereto agree as follows:
1. The property described in Exhibit "A" is subject to a right-of-way in favor of
Company recorded in OR Book 2868, at Page 3126, of the Public Records of Collier County,
Florida.
2. 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)
foot wide concrete paver pathway, subject to certain conditions and restrictions.
3. The Agreement is assignable to purchasers of all or a portion of the Lands
provided that the purchasers assume the obligations under the Agreement and specifically
acknowledge and agree that the use of the property and improvements to be placed on the
property are strictly limited to those depicted on a certain plan of improvement and are
otherwise subject to the terms of the Agreement.
IbE 1
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement
on the date hereinabove written.
Witnesses:
Company:
FLORIDA POWER & LIGHT COMPANY
~\fk;.~
Sigllature
~G IV1 f\.4~ tJOIIt1c..
N~rint): r-:
tr/l:f;()~_
stgnam't-- DCXiX/ iJG-
Name (Print):
By:
Its: West Area Real Esta
Print Name: Mark Byers
State of Florida )
)ss:
County of Sarasota )
On this rS"-t& day o~VIl><i!-' 20..0-, 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.
(seal)
In Witness Whereof, I hereunto set m~~C-
NOTARY PUBLIC, STATE OF FLORIDA
Print Name: rtosc fJ1 f\;x...;;; NOIItL
Commission No.:
My Commission Expires:
........,..... ROSE IMRIE NOVN(
i1"\~"t\ MY CO"MISSION' EE 1l3IJ'"
~ .: i EXP1RES:December6,20l~
'7fi "... Bonded ThruNotafYPub\iCUndorwnters
'-'...,l'i'
(Acknowledgements Continued on Next Page)
ATIEST: .....
. D~IGJI~f' im~K,Clerk
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APPROVED AS TO FORM
:~;~)
ROBERT N. ZACHARY,
Assistant County Attorney
16E 1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~w.~
FRED W. COYLE, Chainnan ,
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