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Agenda 06/23/2009 Item #16C 4 Agenda Item No. 16C4 June 23, 2009 Page 1 of 28 EXECUTIVE SUMMARY Recommendation to approve acquisition of a Utility Easement from the Community School of Naples, Inc., for an electrical service lateral, associated electrical conduit, and for access on, over and across the Community School of Naples, Inc. property at an estimated cost not to exceed $1,360 - Project Number 74033. OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board) approve and accept the attached Easement Agreement, Utility Easement, and Right of Entry from the Community School of Naples, Inc., (School). The public purpose is to provide a utility easement required to provide electrical service for the construction and maintenance of telemetry control for an Irrigation Quality (IQ) Water interconnect valve site located along Livingston Road in North Naples. CONSIDERATIONS: Approval of this Utility Easement will further the process of providing improved response to breakdowns, and anticipating and improving preventative or proactive maintenance through enhanced communications and control capabilities. The project involves the construction and maintenance of an electrical service lateral and associated infrastructure that will provide best value technology and improved performance and service. "..- The Florida Power and Light Company (FPL), as first right easement holder over the School's property at this location, has expressed no objection to the proposed easement location. A copy of the FPL Right-ot-Way Consent Agreement is attached. Real Property Management's Staff Appraiser valued the Utility Easement at $960. The School has agreed to sell the Utility Easement to the Collier County Water-Sewer District for $960. This project is consistent with the 2008 Wastewater Master Plan update adopted by the Board on June 24, 2008, under Agenda Item 10G. This project is referenced in the Wastewater Master Plan, Table 8-2, Page 3 of 5, Line 107. The attached Easement Agreement, Utility Easement, Right ot Entry, Right-of-Way Consent Agreement, and Memorandum of Right-of-Way Consent Agreement have been reviewed and approved by the Public Utilities Division and the County Attorney's Office. A location map of the proposed Utility Easement area is attached for ease of reference. LEGAL CONSIDERATION: The attached documents have been approved for form and legal sufficiency. This item is not quasi-judicial and no ex parte disclosures are required. This item requires a simple majority vote for approval, and is legally sufficient for Board action. JBW -- FISCAL IMPACT: The total cost will not exceed $1,360 ($960.00 for the Utility Easement, and $400 for the recording of documents and Title Commitment). Funds in the amount of $1,360 are available in the FY 09 budget for this action in Project 74033. .-"',..,.....""._.,...-...-.._.._.~.--~-_..'._.---..--~- Agenda Item No. 16C4 June 23, 2009 Page 2 of 28 i~ EXECUTIVE SUMMARY Recommendation to approve acquisition of a Utility Easement from the Community School of Naples, Inc. Page 2 The FY 09 Capital budget was approved by the Board on September 18, 2008. Source offunds is Wastewater User Fees, Fund 414. GROWTH MANAGEMENT IMPACT: This project is consistent with, and furthers the goals, objectives and policies of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District: 1. Approve and authorize the Chairman to execute the Easement Agreement, Right-of-Way Consent Agreement, and Memorandum of Right-of-Way Consent Agreement; and 2. Accept the attached Utility Easement and Right ot Entry; and ..-..........' 3. Authorize staff to prepare related vouchers and Warrants for payment; and 4. Direct the County Manager or his designee to proceed to acquire the Easement and Right of Entry, to follow all appropriate closing procedures, and to record the Utility Easement, Right of Entry, and Memorandum of Right-ot-Way Consent Agreement, and any and all necessary documents to obtain clear title to the Easement, in the Public Records ot Collier County, Florida. PREPARED BY: Gary Bigelow, Property Acquisition Specialist Real Property ManagemenVDepartment of Facilities Management .,,-. Item Number: Item Summary: Meeting Date: Page 1 of 2 Agenda Item No. 16C4 June 23, 2009 Page 3 of 28 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C4 Recommendation to approve acquisition of a Utility Easement from the Community School of Naples, Inc., for an electrical service lateral, associated electrical conduit, and for access on, over and across the Community School of Naples, Inc. property at an estimated cost not to exceed $1,360 - Project Number 74033 6/23/20099:0000 AM Prepared By Gary Bigelow Administrative Services Property Acquisition Specialist Facilities Management Date Approved By 6/8/2009 10:49:57 AM Skip Camp, C.F.M. Administrative Services Facilities Management Director Facilities Management Date Approved By 6/8/2009 2:22 PM Jennifer A. Belpedio County Attorney Assistant County Attorney County Attorney Office Date 6/8/20093:24 PM Approved By Karen B. Guliani, P.E. Public Utilities Senior Project Manager Public Utilities Planning and Project Management Department Date 6/9/20098:26 AM Approved By Phil E. Gramatges, P.E. Public Utilities Sr. Project Manager Public Utilities Planning and Project Management Department Date 6/9/2009 9:20 AM Approved By Beth Johnssen Public Utilities IQ Water Manager WasteWater Date 6/9/20099:40 AM Approved By Toni A. Mott Administrative Services Real Property Supervisor Facilities Management Date Approved By 6/9/2009 10:21 AM Thomas Wides Public Utilities Operations Director Public Utilities Operations Date 6/9/20092:12 PM Approved By G. George Yilmaz Public Utilities WasteWater Director Date WasteWater 6/9/20093:11 PM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 6/10/2009 9:51 AM Approved By file://C:\AgendaTest\Export\ 132-June%2023, %202009\ 16. %20CONSENT%20AGENDA \ 1... 6/17/2009 Page 20f2 Agenda Item No. 16C4 June 23,2009 Page 4 of 28 James W. Delony Public Utilities Public Utilities Administrator Date Public Utilities Administration 6/10/20092:12 PM Approved B}' OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 6/10/20093:03 PM Approved By Susan Usher Senior Management/Budget Analyst Office of Management & Budget Date County Manager's Office 6/15/2009 5:49 PM Approved By Leo E. OChs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 6/15/20096:29 PM file://C:\AgendaTest\Export\132-June%2023,%202009\1 6.%20CONSENT%20AGENDA \1... 6/17/2009 LOCATION MAP Agenda Item No. 16C4 June 23, 2009 Page 5 of 28 COMMUNITY SCHOOL OF NAPLES, INC. .''Jif, ","" ,'" ' , '. ' <' fibta..C lJ,li'm.',:C ,.1'11"1)' !E:!1J'p:{\tI.)':~n'~ir,aiSlr:!r. :N J1!l"tai.f:!-. ..""~" :1\'" .C;i,h"'i;,i' " ,-~-" ' ' ~"';:,' it, :'f :;}, ,,; '. I~, . _._,,_ .... "0""" ..-" ....". ..........." -------, Agenda Item No. 16C4 June 23, 2009 Page 6 of 28 PROJECT COMMUNITY SCHOOL OF NAPLES, INC. PROJECT NO.: 740331 FOLIO NO.: 00256320000 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this \ ",.\' day of --S I...,"\€- , 2009, by and between COMMUNITY SCHOOL OF NAPLES, INC., a Florida non profit corporation (hereinafter referred to as "Owner"), whose mailing address is 13275 Livingston Road, Naples, Florida 34109, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, (hereinafter referred to as "CCWSD"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive Utility Easement for the purpose of maintaining, constructing and operating an electrical supply line to service an irrigation quality water utility facility located on Livingston Road, north of Pine Ridge Road and south of Osceola Trail, and access, to, over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"); and WHEREAS, Owner desires to convey the Easement to CCWSD for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner agrees to grant a Right of Entry to CCWSD immediately upon execution of this agreement so CCWSD can commence its construction and installation of the proposed utility facilities; and WHEREAS, CCWSD has agreed to compensate Owner for conveyance of the Easement; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Easement via a Utility Easement to CCWSD for the sum of Nine Hundred Sixty and no/100 dollars ($960.00), payable by County Warrant (said transaction hereinafter referred to as the "Closing"), Said payment shall be full compensation for the Easement conveyed, and Grantee's use is subject to the use and rights of third parties as set forth on Exhibit "8" hereto. Grantee further agrees that it shall, at the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's construction activities, and, at the conclusion of construction, to restore the surface of the lands to the condition existing prior to the commencement of construction, In addition, and at no extra cost to CCWSD, Owner shall grant a Right of Entry to CCWSD immediately upon execution of this Agreement 2. Prior to Closing, Owner shall obtain from Bank of America, NA, the current holder of certain liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will subordinate such encumbrances from the said Easement upon their recording in the Public Records of Collier County, Florida, Owner shall provide such instruments, properly executed, to CCWSD on or before the date of Closing. Also prior to Closing, CCWSD shall provide owner with proof that Florida Power and Light Company (FPL) has no objections to CCWSD's use of the Easement as it crosses over pre-existing easements in favor of FPL. 3. Closing shall occur within sixty (60) days from the date CCWSD executes this Agreement; provided, however, that CCWSD shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, EA-UE Easement Agreement Agenda Item No. 16C4 June 23, 2009 Page 7 of 28 which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting CCWSD 's enjoyment of the Easement. At Closing, CCWSD shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instruments to CCWSD in a form acceptable to CCWSD. 4. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. To the best of Owner's knowledge with inquiry, Owner represents that the Easement and all uses of the Easement have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Easement except as specifically disclosed to the CCWSD; that the Owner has no knowledge of any spill or environmental law violation on any land contiguous to or in the vicinity of the Easement to be conveyed to the CCWSD; that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Easement, b) any existing or threatened environmental lien against the Easement or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Easement. This provision shall survive Closing for six (6) months and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the CCWSD against and from, and to reimburse the CCWSD with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attomey fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the CCWSD by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing for six (6) months and is not deemed satisfied by conveyance of title. 7. CCWSD shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction, including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments, shall be borne and paid by Owner. The cost of a title commitment shall be paid by CCWSD. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the land underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the land underlying the Easement before the Easement held in such capacity is conveyed to CCWSD, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. EA-UE ~_'''''.-n~"..,..,",.",.,,____,""_..,.,~~.......______ Easement Agreement Agenda Item No. 16C4 June 23, 2009 Page 8 of 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of ,2009. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Deputy Clerk BY: Donna Fiala, Chairman AS TO OWNER: DATED: G .-I-C9 ~~~~ Witness (Signature) Name: C)('\w-, }v\o::...~,,,,~{ (Print or Type) Community School of Naples, Inc., a Florida non profit corporation '-l' ~./.J .")"".:... ,X / ~ )/t'-<.. (:. . Witness (Signature) I L) Name: "-I,A Il.C-,Ct: (Print or Type) BY~~'~ (Signature) c..-,HA-IJ N. 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G') .~ r- m Gl ,.. r- o m 1II (') ::a :;:j ~ 6 z a~ ;~ ~o "T1 ~M ::>:l:::tl ~~ -.-----.---------- r~~-.----: .------- 1& ~ - !l.O ~ 0 I . fT'\ g 1""" '" . i r-J. g ,VI __________._.__._._._..._._ IVI ___'_ ._.__--..----.--- II" - ~7.5' Ir-J 'VI ~ ;: ;J l"J '"i , rr- N~Z ", Z(/J oow ::!~~ --J~^, N-O~Z --J-C) , , ::0'" o !\.>.fIo.Ui O. ~ . CD)> Ooz O. . () ", o o () ::0 > '"0 ~ >-< o () (f) " () o > L' tr1 o o .,....~--------- Easement Agreement I Agenda Item NO.1 GiC4 June 23, 2009 Page 10 of 28 I Exhibit "B" 1. Easement in favor of Florida Power and Light recorded in OR Book 162, page 211, Public Records of Collier County, Florida. 2. Easement in favor of Florida Power and Light recorded in OR Book 429, page 356, Public Records of Collier County, Florida. 3. Easement Option Agreement recorded in OR Book 1053, page 1727, and re- recorded in OR Book 1868, page 1354, Public Records of Collier County, Florida. 4. Easement recorded in OR Book 1 087, page 2256, Public Records of Collier County, Florida. 5. United Telephone Company of Florida Easement recorded in OR Book 1099, page 2173, Public Records of Collier County, Florida. 6. Easement recorded in OR Book 1115, page 1419, Public Records of Collier County, Florida. 7. Easement recorded in OR Book 2259, page 2405, Public Records of Collier County, Florida. 8. Easement recorded in OR Book 2322, page 2433, Public Records of Collier County, Florida. 9. Easement recorded in OR Book 2548, page 2474, Public Records of Collier County, Florida. 10. Aquatic Center Ground Lease recorded in OR Book 2556, page 2096, Public Records of Collier County, Florida. 11. Stipulated Final Judgment recorded in OR Book 2952, page 1616, Public Records of Collier County, Florida. 12. Stipulated Order of Taking recorded in OR Book 3100, page 2599, Public Records of Collier County, Florida. 13. Easement recorded in OR Book 3424, page 956, Public Records of Collier County, Florida. 14. Easement recorded in OR Book 3513, page 1472, Public Records of Collier County, Florida. EA-UE PROJECT: COMMUNITY SCHOOL OF NAPLES, INC. PROJECT NO.: 740331 FOLIO NO.: 00256320000 Agenda Item No. 1 C4 June 23, 2 09 Page 11 0 28 UTILITY EASEMENT THIS EASEMENT, made and entered into this \ sI' day of -:l u ne , 2009. by COMMUNITY SCHOOL OF NAPLES, INC., a Florida Non Profit corporation, whose mailing address is 13275 Livingston Road, Naples, Florida 34109 (hereinafter referred to as "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Grantee"). (Wherever used herein the tenns "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys. grants, bargains and sells unto the Grantee, Its successors and assigns, a perpetual, non-exclusive easement for utility and access purposes on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record set forth on Exhibit 'B". THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials, including, but not limited to, electrical service lines, conduit, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining an electrical supply line to service an irrigation quality water utility facility located on Livingston Road, north of Pine Ridge Road and south of Osceola Trail. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. Grantee's use is subject to the use and rights of third parties as set forth on Exhibit'S" hereto. Grantee agrees that it shall, at the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's construction activities, and, at the conclusion of construction, to restore the surface of the lands to the condition existing prior to the commencement of construction IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. P..4--~- WitnesuSignature)M \'\1 . ~ Name: n..j0-V'I C'.~ I !SU- .' (Print 0.," T e) /' ..c....c.J..' Itness (Signature) Name: (''>-4 L /)'~j(e.. (Print or Type) Community School of Naples, lnc., a Flori a non profit corporation By: "'. ~ (Signature) C- \-..~C{ ~. OT I (Printed Name) -=:r (t' tiS IA v'fv (Title) STATE OF FLORIDA COUNTY OF COLLIER ___ The foregoing Utility Easement was f1cknowledged before me this. \ <;'1 day of ~I..J(\~ ,2009 by C0u.d N. CA:\. (Name), \r~F\S;\J:(,!r (Title), on behalf of Community School of Naples, Inc., a Florida non profit corporation, who [01s personally known to me, or who U has produced as identification. WITNESS my hand and official seal this \c;."I day ofJ ...."~ 2009. ,Y\.c:... ~"-'t,,,,, '----- (Sigl]j!tur!l of N ~.!Y Pu.blic) .ll-G0(:"" =:d. ~\<U\c "'- (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) \:)1) 1Sc.:.'1'17~ (a ~, ILONA J. LAWRENCE !Wr.:r 4. ,.i Commissioo # DO 869975 .' Expires May 1, 2013 . K' BondIldlhNT.",FeiIl......~'e My Commission Expires: 5 - \ - \ "l,. UE-W PIPE & WELL EXHIBIT~ page---L-of I H:\2008\2008053\DW\SU\SKETCHES\PPSl,dwg Tob: Mode;' Apr JO, 200Q _ 2: -41prr. PloUed by AUOREETOR~t:Z " :l: g R > ;IJ 8 >~ ~ ~ ~~ N , <t o 0 I > > N ;!i: ;;1 '" alZ 0 I" .. ~ag <c. li~ . ~i~ n~ Z "'~ -I ~rn "'CI ::r > 0 " "'::J ~[~ z a-~N-2.~ e.nh:::o 0............ rr1 ::J 3:." .., ~ z~~rs: ~ C I toN II; ~.~~:e ~ 2. g o~ .. S~~~~ ~ ~~~II! ~ !iim:i ~ ~ "'"" .. 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'TI 00 e m ~ m Z r- y, -f m > (/)I"C 'TI zoO ~ I m e ;0 (/)Om mZom-fZr;1 z~ oQzZo-f::<;o -I" 'TI hi' Exhibit "B" Agenda Item No. 16C4 June 23, 2009 Page 13 of 28 1. Easement in favor of Florida Power and Light recorded in OR Book 162, page 211, Public records of Collier County, Florida. 2. Easement in favor of Florida Power and Light recorded in OR Book 429, page 356, Public records of Collier County, Florida. 3. Easement Option Agreement recorded in OR Book 1053, page 1727, and re-recorded in OR Book 1868, page 1354, Public Records of Collier County, Florida. 4. Easement recorded in OR Book 1087, page 2256, Public Records of Collier County, Florida. 5. United Telephone Company of Florida Easement recorded in OR Book 1099, page 2173, Public Records of Collier County, Florida. 6. Easement recorded in OR Book 1115, page 1419, Public Records of Collier County, Florida. 7. Easement recorded in OR Book 2259, page 2405, Public Records of Collier County, Florida. 8. Easement recorded in OR Book 2322, page 2433, Public Records of Collier County, Florida. 9. Easement recorded in OR Book 2548, page 2474, Public Records of Collier County, Florida. 10. Aquatic Center Ground Lease recorded in OR Book 2556, page 2096, Public Records of Collier County, Florida. 11. Stipulated Final Judgment recorded in OR Book 2952, page 1616, Public Records of Collier County, Florida. 12. Stipulated Order of Taking recorded in OR Book 3100, page 2599, Public Records of Collier County, Florida. 13. Easement recorded in OR Book 3424, page 956, Public Records of Collier County, Florida. 14. Easement recorded in OR Book 3513, page 1472, Public Records of Collier County, Florida. UE-W PIPE & WELL PROJECT: COMMUNITY SCHOOL OF NAPLES, INC. PROJECT NO: 740331 FOLIO NO.: 00256320000 Agenda Item No. 1 C4 June 23, 2 09 Page 14 0 28 RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS that COMMUNITY SCHOOL OF NAPLES, INC., a Florida non profit corporation, whose mailing address is 13275 livingston Road. Naples, Florida 34109 (hereinafter referred to as "Grantor"), for and in consideration of Ten Dollars ($10.00) and other valuable consideration. does hereby grant unto BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail East. Naples, Florida 34112, (hereinafter referred to as "Grantee"), the temporary license and right to enter upon the lands of the Grantor to excavate, and place or remove materials, including, but not limited to, electrical lines and conduit, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining an electrical supply line to service an irrigation quality water utility facility located on Livingston Road, north of Pine Ridge Road and south of Osceola Trail on the follOWing described property See attached Exhibit "An which is incorporated herein by reference. ALL RIGHT AND PRIVILEGE herein granted shall terminate upon one of the following, whichever occurs first: (a) the recordation. in the Public Records of Collier County, Florida, of an acceptable Utility Easement from Grantor to Grantee; or (b) two (2) years from the date of execution of this Right of Entry; ADDITIONALLY, the rights and interest conveyed hereunder are conditioned upon the reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use of the lands described in Exhibit "A" Grantee's use is subject to the use and rights of third parties as set forth on Exhibit "B" hereto. Grantee further agrees that it shall, at the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's construction activities, and, at the conclusion of construction, to restore the surface of the lands to the condition existing prior to the commencement of construction. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. I> A~-," ~A ~ Witness (Signature) Name: !5r';{M,., MrLi',..k (Print or Type) '-f/ ' . .') ~il<,,- r/~! -1..~ W.ftness (Signature) Name L. i:,) ~ L G e. R t:' (Print or Type) Community School of Naples, Inc., a Florida non profit corporation By: ~ ~, Q-r (Signature) @ ~CLo\ N. 0\1 (Printed Name) --r- v'"' <Z t;..S lit ~ ....r- (Title) STATE OF FLORIDA COUNTY OF COLLIER The}oregoi~g Ri9ht of Entry was acknowledged before me this \ s:I day of J \..,(\.e.-. , 2009 by C- \\{\q t:::!... c:::rl~ (Name), '-.Ie ~..... (Title), on behalf of Community School of Naples, Inc., a Florida non profit corporation, who is personally known to me, or who U has produced as identification WITNESS my hand and official seal this I ';,; day of'1'" "I ~ 2009 (affix notarial seal) ~""'C;. ~CJJv".-l.:.,\,~ c'- ILONAJ. LAWRENCE (Si9:!l. ncature of No~ Public) Commission # DO 869975..J..- L-u,'\ A '~ LAw -0 I'IC -':- Expires May 1, 2013 (Print Name of Notary Public) _"",,,,,'''__7019 NOTARY PUBLIC _ , " ___ Serial/Commission #:(if any) Db ~l;:'iq I":, My Commission Expires: S, - \, \ 1. EXH\B\T A page.-1-of I H: \200B\200eoeJ\DW\SU\5KETCHES\PPSLd"9 Tab: Nodel Apr 30. 2009 - 2: 41pm Plotled by. AUOREETORREZ ~ ~ ~ ~ I I ::00,.. i ~~ ~~ ~ ~ ;:; I .. o 0 f '" ,. '" ~ ;;l '" ",Z 0 r" .. ~5~ <D' II~ . ~i~ ~I ffi .... :7 ~ 0 s.::!; g-g,..Z ~a.......... Cl tD NClN~t.n ClC')~:O s=. "'-'- ,., ::l 3:"''''il Z::!:~rO !:t g I tIC. ~i'::: ~:E ;j a g o~ .. 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'0 '" Exhibit "B" Agenda Item No. 1 tC4 June 23, 2 09 Page 16 0 28 1. Easement in favor of Florida Power and Light recorded in OR Book 162, page 211, Public records of Collier County, Florida. 2. Easement in favor of Florida Power and Light recorded in OR Book 429, page 356. Public records of Collier County, Florida. 3. Easement Option Agreement recorded in OR Book 1053, page 1727, and re-recorded in OR Book 1868, page 1354, Public Records of Collier County, Florida 4. Easement recorded in OR Book 1087, page 2256, Public Records of Collier County, Florida. 5. United Telephone Company of Florida Easement recorded in OR Book 1099, page 2173, Public Records of Collier County, Florida. 6. Easement recorded in OR Book 1115, page 1419, Public Records of Collier County, Florida, 7. Easement recorded in OR Book 2259, page 2405, Public Records of Collier County, Florida. 8. Easement recorded in OR Book 2322, page 2433. Public Records of Collier County, Florida. 9. Easement recorded in OR Book 2548, page 2474, Public Records of Collier County, Florida 10. Aquatic Center Ground Lease recorded in OR Book 2556, page 2096, Public Records of Collier County, Florida. 11. Stipulated Final Judgment recorded in OR Book 2952, page 1616, Public Records of Collier County, Florida 12. Stipulated Order of Taking recorded in OR Book 3100, page 2599, Public Records of Collier County, Florida. 13. Easement recorded in OR Book 3424, page 956. Public Records of Collier County, Florida. 14. Easement recorded in OR Book 3513, page 1472, Public Records of Collier County, Florida. Agenda Item No. 16C4 June 23, 2009 Page 17 of 28 This Instrument Prepared By: Mark L. Byers Florida Power & Light Company P.O. BOX 11119 Sarasota, FL 34230-1 t t 9 MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this _ day of , 200_, by and between COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AS GOVERNING BODY OF COLLIER COUNTY, FLORIDA, (hereinafter refelTed to as "Licensee"), and FLORIDA POWER & LIGHT COMPANY, a Florida corporation (hereinafter referred to as "Company"). WITNESSETH: WHEREAS, on the _ day of , 200_, 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 pal1 hereof and hereinafter referred to as the "Lands", and WHEREAS, the parties are desirous of placing their interest therein as a matter of public record. NOW THEREFORE, in consideration of the mutual covenants herein contained and the parties intending to be legally bound thereby, the parties hereto agree as follows: 1. The property described in Exhibit "A" is subject to a right-of-way in favor of Company recorded in O.R. Book 162, Page 2 t 1 and O.R. Book 427, Page 473, of the Public Records of Collier County, Florida. 2. The Agreement provides, among other things, Licensee's right to use the Lands for an undergrolUld electric service lateral to an irrigation quality water interconnect valve, 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. Agenda Item No. 16C4 June 23, 2009 Page 18 of 28 IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement on the date hereinabove written. Witnesses for Company: Company: FLORIDA POWER & LIGHT COMPANY, A Florida corporation Name: By: Mark L. Byers West Area Real Estate Manager Name: Dated: ATTEST: DWIGHT E. BROCK, Clerk Licensee: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AS GOVERNING BODY OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Donna Fiala, Chairman Approved as to form aDd legal sufficiency: )'1.:2 ;~'~ .....-c;: J \ ~ c v? ?- ~ c;.. t'0 V'--' \- '-'", ~ ,:;,..>. Assistant County Attorney L....)~-\ ~ T L Dated: {p \ S \u'1 Agenda Item No. 16C4 June 23,2009 Page 19 of 28 County of ) )ss: ) State of Florida On this day of ,200_, before me, the undersigned Notary Public, personally appeared Mark L. 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/she executed the same on behalf of said corporation and that he/she was duly authorized to do so. In Witness Whereof, I hereunto set my hand and official seal. (seal) NOTARY PUBLIC, STATE OF FLORIDA Print Name: Commission No.: My Commission Expires: Agenda Item No. 16C4 June 23,2009 Page 20 of 28 State of County of ) )ss: ) On this day of , 200_, before me, the undersigned notary public, personally appeared , personally known to me to be the person who subscribed to the foregoing inshument and acknowledged that he/she executed the same on behalf of said cOlporation and that he/she was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (seal) NOT AR Y PUBLIC, STATE OF Print Name: Commission No.: My Commission Expires: ASEI Agreements! 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G')~ Agenda Item NO.1 C4 June 23, 2 09 Page 22 0 28 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 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BODY 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 those certain agreements recorded in Official Records Book 162, Page 211, and Official Records Book 427, Page 473, of Public Records of Collier County, Florida. The said area vvithin Company's right-of-way is hereinafter referred to as the "Lands". The use of the Lands by Licensee, shall be solely for the purpose of an underground electric service lateral to an irrigation quality water interconnect valve 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: 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 permits required in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal, state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the Lands by Licensee pursuant to this agreement. 2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devices, or improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest, Company from time-to-time may require Licensee, to relocate, alter, or remove its facilities and equipment, including parking spaces and areas, and other improvements made by Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove said facilities, equipment, parking spaces and areas, and other improvements within ninety (90) days of receiving notice from Company to do so. When reasonably practicable, Licensee will be allowed to relocate its facilities within the Lands. 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 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. Form 3740 Rev. lO/9/9S Page 1 of 5 Agenda Item No. 1 C4 June 23, 2 09 Page 23 0 28 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. S. Trees, shrubs, and other foliage planted or to be planted upon the Lands by Licensee are not to exceed a height offourteen (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 minimwn 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 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. 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. Form 3140 Rev. 10/9/95 Page 2 of 5 -^"""".-..---...- Agenda Item No. 1 C4 June 23, 2 09 Page 24 0 28 1 5. 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 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 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. 19. This Agreement includes and is subject to the provisions described on the attached Addendum. Form 3740 Rev. 10/9/'95 Page 3 of 5 Agenda Item No. 1 C4 June 23, 2 09 Page 25 0 28 The parties have executed this Right-of-Way Consent Agreement this _ day of ,200 . Witnesses for Company: Company: FLORIDA POWER & LIGHT COMPANY, A Florida corporation By: Name: Mark L. Byers West Area Real Estate Manager Name: Dated: ATTEST: DWIGHT E. BROCK, Clerk Licensee: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AS GOVERNING BODY OF COLLIER COUNTY, FLORIDA AND AS EX-OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: By: Donna Fiala, Chairman Deputy Clerk Approved as to form and legal sufficiency: '"" '). - . Prinfrl=: )\-5~'?~Q. (). L...-l~ \\"i. Assistant County Attorney Dated: G\'5\C;'\ Form 3,40 Rev. lO/9/"-~ Page 4 of 5 Agenda Item No. 1 C4 June 23, 2 09 Page 26 0 28 ADDENDUM · Maintain a minimum setback of twenty-five (25) feet from the nearest transmission pole facilities. · Licensee will install two (2) above ground PYC markers where the underground electrical service enters and exits the Lands and one (1) marker an equal distance in between. · Licensee will notify Company one week prior to commencement of work to schedule a safety presentation. Please contact Kristin Gardner at (941) 483-2049 to schedule the presentation. 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