FP&L ROW Agreement
MEMORANDUM
TO: Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
FROM:, ~ r~Mott, Property Acquisition & Sales Manager
/~eal Estate Services
DATE:
August 13, 2005
RE:
South County Regional Water Treatment Plant RO Wellfield Expansion
Florida Power & Light
Please find attached one (1) original Right-of-Way Consent Agreement and one (1)
original recorded Memorandum of Right-of-Way Consent Agreement for the above
referenced project.
The Board of County Commissioners of Collier County, Florida approved the
recordation of same on July 26, 2005, Item 16C8.
Please contact me if you have any questions or comments at X8780.
Thank you.
Attachments as stated
cc: Tax Appraiser's Office w/attachment
Tax Collector's Office w/attachment
Inventory File w/attachment
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,
("Company"), hereby consents to the Collier County Board of County Commissioners as
Governing Body of Collier County and as Ex-Officio Governing Board of the Collier County
Water-Sewer District, whose mailing address is 3301 Tamiami Trail East, Naples, FL, 34112
("Licensee") using an area within Company's right-of-way granted by that certain agreement
recorded in Official Records Book 663, Page 594, Official Records Book 664, Page 1488,
Official Records Book 664, Page 1490, Official Records Book 664, Page 1492, Official Records
Book 666, Page 521, Official Records Book 666, Page 523, Official Records Book 666, Page
529, Official Records Book 666, Page 535, Official Records Book 667, Page 317, Official
Records Book 667, Page 322, Official Records Book 668, Page 1749, Official Records Book
668, Page 1751, Official Records Book 671, Page 3-4, Official Records Book 673, Page 1843,
Official Records Book 681, Page 1210, Official Records Book 681, Page 1212, Official Records
Book 681, Page 1214, Official Records Book 692, Page 761, Official Records Book 692, Page
766, Official Records Book 692, Page 774, Official Records Book 692, Page 774, Official
Records Book 788, Page 1068-1071, Official Records Book 824, Page 214, Official Records
Book 850, Page 974, Official Records Book 850, Page 976, Official Records Book 862, Page
676, Official Records Book 870, Page 343, Official Records Book 1129, Page 20, and Official
Records Book 1577, Page 2290, all of Public Records of Collier County, Florida. The said area
within Company's right-of-way is hereinafter refelTed to as the "Lands". The use of the Lands by
Licensee, shall be solely for the purpose of construction, operation and maintenance of a raw water
transmission system, a force main system, electrical, instrumentation, and control lines, including
access to the property for such purposes, as shown on the plans and specifications 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 commence
efforts to relocate, alter, or remove said facilities, equipment, parking spaces and areas, and other
improvements within ninety (90) days of receiving notice from Company to do so. When
reasonably practicable, Licensee will be allowed to relocate its facilities within the Lands. Any
relocation, alteration, or removal required by the Company pursuant hereto will be completed
within one hundred eighty (180) days and 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
commence such relocation, alteration, or removal within ninety (90) days, 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.
Form 3740 Rev. 10/9/95
Page 1 of 4
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 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 rrom all loss, damage or
injury resulting rrom Licensee's failure to comply with the provisions of this Agreement.
4. Licensee hereby agrees and covenants to prohibit its agents, employees, and
contractors rrom 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, rrom
Company's facilities.
5. Trees, shrubs, and other foliage planted or to be planted upon the Lands by Licensee
are not to exceed a height of 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 (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.
9. Licensee agrees, at all times, to maintain and keep the Lands clean and rree 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 rrom Company's use ofthe 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 rrom 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 3740 Rev. 10/9/95
Page 2 of 4
12. Each party hereto agrees that it shall be responsible for its own negligent acts or
omISSIOns. Nothing contained in the Section shall be construed to be a waiver of any protections
under sovereign immunity, Section 768.28, Florida Statutes, or any other similar provision of law.
Nothing contained herein shall be construed to be a consent by either party to be sued by third
parties in any matter arising out of this agreement.
13. Licensee is self insured for all liability claims and related expenses pursuant to the
provisions of Florida Statute 768.28.
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. Upon receipt of written notice to terminate,
Licensee will commence removal of its facilities and equipment, but will have up to twelve (12)
months to complete such removal.
15. The use granted herein as shown on Exhibit "A" shall be under construction by
Licensee within three (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 construction does not include application for or
obtaining a building permit, a site plan approval or zoning approval rrom 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 three (3) 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 Company 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 three (3) 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
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. 10/9/95
Page 3 of 4
The ñies have executed this Right-of-Way Consent Agreemeut this ~day of
¡U/JLA../ ,2005.
Witnesses for Company: Company:
FLORIDA POWER & LIGHT COMPANY,
A Florida corporation
---P~ a, .'r=tVì
Name: Patricia A. .
~~~
Name: . L · . n. - - J
By: /Z1~.4. ~~
Meier G. Wise
Real Estate Manager
Dated: ~ - dJ.p -0 t:)
ATTEST:
DWIGHT E. BROCK, Clerk
. ~ '" , ~ . , ~. ! J f " I i / ..
Licensee: ". "
COLLIER COUNTY BOARI:{ OF COuNTy··...
COMMISSIONERS AS GOVERNING BODY .
OF COLLIER COUNTY, F~OÌUDA, AND EX-
OFFICIO GOVERNING~ BOARD OF
COLLIER COUNTY WATER-SEWER .
DISTRICT
"
.
" f'
é~tÿ' Clerk,! ,,~'. ./ "';,
Attest as ~;;ç,n~ 1rftr~'~(, '
signature onl',~.·;:;·· ~ ,,:0
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By:
By: ~W r~Q~
Fred W. Coyle, C~ai~
Approved as to form and
legal sufficiency:
Æ dÞ- oJ ('¡~~"--
Ellen T. Chadwell
Assistant County Attorney
t
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Dat~< ~~ k.p )' \ ZD() ~
Form 3740 Rev. 10/9/95
Page 4 of 4
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RBAL BSTATB SBRVICBS
INTBROFFICB
ATTN: TONI BIT 8780
3669635 OR: 3857 PG: 1047
RBCORDBD In the OFFICIAL RBCORDS of COLLIER COUNTY, FL RBC FBB
08/01/2005 at 03:06PM D~IGHT B. BROCK, CLBRK COPIBS
35.50
4.00
MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT
THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this
~ day of 3lÙAC ~ , 2005, by and between COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS AS GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT (hereinafter referred to as the "County") and FLORIDA
POWER & LIGHT COMPANY, a Florida corporation (hereinafter referred to as
"Company");
WHEREAS, on the ~~ day of ) UJ.NJ , 2005, Company and
County 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 making their interest therein a matter of
public record.
NOW THEREFORE, in consideration of 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 Official Records Book 663, Page 594, Official Records Book 664, Page
1488, Official Records Book 664, Page 1490, Official Records Book 664, Page
1492, Official Records Book 666, Page 521, Official Records Book 666, Page 523,
Official Records Book 666, Page 529, Official Records Book 666, Page 535, Official
Records Book 667, Page 317, Official Records Book 667, Page 322, Official
Records Book 668, Page 1749, Official Records Book 668, Page 1751, Official
Records Book 671, Page 3-4, Official Records Book 673, Page 1843, Official
Records Book 681, Page 1210, Official Records Book 681, Page 1212, Official
Records Book 681, Page 1214, Official Records Book 692, Page 761, Official
Records Book 692, Page 766, Official Records Book 692, Page 774, Official
Records Book 788, Page 1068-1071, Official Records Book 824, Page 214, Official
Records Book 850, Page 974, Official Records Book 850, Page 976, Official
Records Book 862, Page 676, Official Records Book 870, Page 343, Official
Records Book 1129, Page 20, and Official Records Book 1577, Page 2290, all of
the Public Records of Collier County, Florida.
The Agreement provides, among other things, County's right to construct certain
improvements upon the Lands including, but not limited to, access, a raw water
transmission system, a force main system, electrical, instrumentation, and control
lines as depicted on Exhibit "A" attached hereto.
The Agreement is assignable to purchasers of all or a portion of the Lands provided
that the pt.;íchas6ís aSSLime the obiigations under the Âgreement 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 that certain plan of
improvement attached to the Agreement and are otherwise subject to the terms of
the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Agreement on this hereinabove written date. , "
ATTEST:
DWIGHT E.E3.~.g\;~¡,plerk
BY: ~2/}jif~, ÌJ(I.
Deput~I:'C(erk - ~j:. c
~,~ . !~\~"". i,~_f . W
Attest ;~ to ~~·hì..,n~~
$1 gn,,-t tI"ð/~" n' '-;" .
'~<,,';' / ,_, n.,.' ':":"..,...";'
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COLLIER COUNTY BO(~RÖ"OF COUNTY
COMMISSIONERS ARG:OVERNING
BODY OF COLLIER CQtJNTY AND AS
EX-OFFICIO GOVERr\l1N:G BOARD OF
THE COLLIER COUNTY'WATER-SEWER
DISTRICT
"-
BY:
Fred W. Coyle, Chair a
Memorandum of Right-of-Way Consent Agreement
Page 2
OR: 3857 PG: 1048
rß-~\.,( (~N'L
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T-e ~tï yt-L Lr (, </0 S
Printed/Typed Name
~1-~~
Signature r.::::>
J) c..... V , ð L '" 1+0 b e-s
Printed/Typed Name
FLORIDA POWER & LIGHT COMPANY
By: ~~ -/
Its: Sr. Corporate Real E e Representative
Print Name: Mark L. Byers
STATE OF FLORIDA
COUNTY OF SARASOTA
The foregoing instrument was acknowledged before me this I á day of
~ , 2005 by Mark L. Byers, as Sr. Corporate Real Estate
~ntative, of FLORIDA POWER.UGHTCQMEANY, a Florida corporation, on
behalf of the corporation. He is ersonally known iOIñe) or who has produced
[type of identification as I en I Ica --~
WITNESS my hand and official seal this \ day of r ,2005.
(affix notarial seal) ~ '---B ~ 0 ~~
(SignaIU': of N~1ãtv Public) - '
(Print Name of Notary Publi
NOTARY PUBLIC
Serial/Commission #: if an
My Commission Expires:
Approved as to form and
legal sufficiency:
'1 /J
/t,¿(<- ~ l:f~1-~
""Ellen T. Chadwell
Assistant County Attorney
OR: 3857 PG: 1049
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EXHIBIT -I1-
Page ~+- of :+-
SCRWTP Wellfield 21 CADD Files 21.60 Prelimino
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MATCH LINE SEE FIGURE 2A
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I
( \~'
WELL SITE No. S
PRO pes D \ ~ (40'xSO' SITE) L-
1S' 1Illlhv \\ \- PROPOSED 8" RAW WATER
/ '" I COLLECTION MAIN SCAL
WELL SITE 1/ I<¡ I
No.7 Ý < ~
(60'x22'
SITE) ---/ ( . ~,WELL SITE No.6
-JY (40'x50' SITE)
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WELL SITE < PROPOSED 12"
No.9 RAW WAT.R
(100'x22' ¿. COLLECTION !/ ...- PROPOSED 30" RAW WATER
SITE) _____ ~AIN\ TRANSMISSION MAIN
G) \ 1/ WELL SITE No. 10
: (40'xSO' SITE)
ill < (fr><
v·"",u... ::'1 I t.( . ~ EXISTING 170' FPL EASEMENT
0 I< No.8)
'----- C60'x22'
0 ~ ./ SITE) \
~rL SITE No. 11
JO 1'1 "- G (40'x60' SITE)
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i ¡c' ROAD EASEMENT I-----
I rPROPOSED 24" RA~ WAT ~
WELL SITE ~ I TRANSMISSION MAIN
No. 12
o x22' r PROPOSED
~~~E) 1 s' UTILITY EASEM NT
~ /~ELL SITE No. 14
l() (f;,- (40'xSO' SITE)
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Do ð PU IRST ASSE BLY MINISTRY
ý~ELL SITE \_ k ED CATle N AN ) RE ABILlTATION
Do ài No.1'"
(100'x22' , I PUD - SWAMP B JGGY DAYS
Do ~ ~"IIt.) " [V'\W WATER
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00 "b~I9,POSED 1 6" ~ TRAN þMISS ON M ~IN
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00 Ir- PF OPOS D 8" RAW WATER
98L COLLECTION ª .-J ce LLEC ION MAIN
-
MAIN ---...... '> 1 "V'" I "V '"'\
~ ~ .A. L-.:: ..J - L SITE N , 17
~W"' I ~'T'" 30' ROAC EASE MENT (40'x' E)
No. 23 WE~L SITE No. 6
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¡""'--E ISTIN ,j 17e ' FPL EASEMEN
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"" ~WELL SIT> "\ "WE LL SI E~I~~ 18 PU - SWAMP BUGG DAY Þ-.-c=
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ÆB~ ~? 19 f-I. 1/f'ROPOSED 16"
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TRANSMISSION M IN
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~ ...........--WELL SITE
~ 1:'0. 10
~ ~ (60'x22' L:ROPOC: E 8" RAW WATER
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1- WELL SITE No. 22
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RATTLESNAKE HAMf\1\' CK ROAD
P OPOSE~ ~
0 1 ~. UTILITY "( G WELL SITE No, 21
EJ SEMENT I (40'x60' SITE)
t--PROPOSED 8" RA v WATER
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r- WELL SITE No, 0
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