Radio Road MSTU Agenda 09/09/2019 .. Radio Road Beautification M.S.T.U.
Advisory Committee
3299 East Tamiami Trail Suite 103
Naples Florida 34112
SEPTEMBER 9, 2019 3:00 PM
Berkshire Lakes Master Association Clubhouse
495 Belville Boulevard, Naples, FL 34105
AGENDA
I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
II. ATTENDANCE
Advisory Committee Dale Lewis, Chairman (3/3/20)
Maria Schoenfelder Vice Chairman (3/3/21)
Helen Carella (3/3/22)
Frank Cooper (3/3/20)
Harry Wilson (3/3/21)
Staff Harry Sells- Project Manager, Michelle Arnold- Director PTNE
Landscape Robert Kindelan, Commercial land
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES: April 8, 2019
V. LANDSCAPE MAINTENANCE REPORT – ROBERT KINDELAN Commercial Land
Maintenance
VI. PROJECT MANAGER REPORT HARRY SELLS
A. BUDGET REPORT SEPTEMBER 9, 2019
B. BUDGET DISCUSSION FY 20
C. IRRIGATION SYSTEM AND CONTROLLERS STATUS
VII. OLD BUSINESS
A. RICH KING ENTRYWAY PROJECT
VIII. NEW BUSINESS
IX. COMMITTEE MEMBER COMMENTS
X. PUBLIC COMMENTS
XI. ADJOURNMENT
NEXT MEETING: OCTOBER 14, 2019
Berkshire Lakes Master Association Clubhouse
495 Belville Boulevard, Naples, FL 34105
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Radio Road Beautification M.S.T.U.
Advisory Committee
3299 East Tamiami Trail Suite 103 Naples Florida 34112
April 8, 2019
I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Chair Lewis called the meeting to order at 3:00 PM.
A quorum of four was present. The Pledge of Allegiance was recited.
II. ATTENDANCE
Advisory Committee: Dale Lewis; Chairman; Maria Schoenfelder; Vice-Chair; Helen Carella; Frank
Cooper (Excused); Harry Wilson
County Staff: Harry Sells, Project Manager, Michelle Arnold Director PTNE
Others: Gary Gorden, Commercial Land Maintenance; Wendy Warren, Premier
III. APPROVAL OF AGENDA
Mr. Lewis moved to approve the Agenda of the Radio Road Beautification M.S.T.U. as presented.
Second by Ms. Schoenfelder. Carried unanimously 4 - 0.
IV. APPROVAL OF MINUTES – March 25, 2019
Ms. Schoenfelder moved to approve the minutes of the March 25, 2019 meeting as presented. Second
by Mr. Wilson. Carried unanimously 4 – 0.
V. LANDSCAPE MAINTENANCE REPORT – Gary Gorden, Commercial Land Maintenance
Mr. Gorden reported on maintenance as follows:
• Saw Palmettos and grasses on the medians were cleaned enhancing line of sight visibility.
• Bi-annual pruning, in conformance with the contractual terms, will be pruned in two weeks.
• Turf was treated for weed and insect infestation.
• Trees were pruned.
• Mulch application of eight (8) palettes was placed on medians. Two (2) additional palettes will
be installed in remaining areas.
• Slow release fertilizer application is scheduled for the first week in May.
• Parts ordered for two (2) repairs to the irrigation system will be installed.
Mr. Sells reported the installation of one Foxtail Palm and ten Ilex Schillings at the intersection
of Radio Road and Sherbrook Drive, Median #16, approved by the Committee at the
January 28, 2019 meeting is completed.
VI. PROJECT MANAGER REPORT – Harry Sells
A. BUDGET REPORT APRIL 8, 2019
Mr. Sells distributed the “Radio Road MSTU Funds 158 Budget for April 8, 2019 for information
purposes highlighting as follows:
• FY19 Ad Valorem property tax revenue budget is $130,800.00.
• Taxable value FY19 vs FY18 rose 5.27%.
• Total revenue FY19 is $936,499.44 including investment interest, transfers and contributions
(minus a 5% reserve of $6,700).
2
• The Millage rate remains constant at 0.1.
• Operating Expense Budget is $126,799.44 of which $65,435.02 is committed; $35,256.29
expended.
• Unencumbered Operating Expense funds available are $26,108.13.
• General Funds for Improvements of $734,149.90, Line 34, are available to fund special
projects or operating expense shortages with a budget amendment approved by the Board of
County Commissioners.
• Total Available Balance is $764,423.97.
B. BUDGET DISCUSSION FY20
Mr. Sells distributed an FY20 Radio Road M.S.T.U. Budget Preparation, Fund 158, spread sheet
highlighting the FY19 Forecast and FY20 Proposed Budget.
• Operating Expenses Forecast FY19 are $98,250.00; FY20 proposed budget is $115,600.00.
• Landscape Incidentals forecast FY19 of $5,000.00, FY20 is budgeted at $20,000.00.
• Windham Studios, Inc. annual service contract of $12,000.00, terminated by the Committee
at the start of FY 19, is forecast at $4,000.00. FY20 estimate for services is $2000.00.
Budgeted funds will be expended for design services for the Rich King Memorial Greenway
Entryway project.
• Post Freight budget of $3,000.00 is planned to offset the annual cost of the newsletter
mailing to property owners within the M.S.T.U.
• Based on bids received five (5) years ago, the Improvements General FY20 budget is allocating
$30,000.00 for refurbishment of the Rich King Entryway project. Current bids will be tendered
based on the Scope of Work summary prepared by Staff.
• Financial assignment for Insurance General (Line 21) and Indirect Cost (Line 14) are provided
by the Budget Department.
• Except for Florida Land Maintenance, dba as Commercial Land Maintenance, vendor contracts
are in place.
The Committee will be updated at a future meeting if the budget office recommends funding Operating
Expense from the Capitol Outlay reserve category.
Millage Rate:
The M.S.T.U. is provided two options for the millage rate, currently assessed at 0.1 as follows:
o Lower the current millage rate to establish a Revenue Neutral Policy, maintaining the
FY19 income level.
o Maintain the current millage rate, increasing revenue approximately 5%.
The Committee approved maintaining a Revenue Neutral Budget for FY20 in a motion on
March 28, 2019.
C. IRRIGATION SYSTEM AND CONTROLLERS STATUS
The system is now totally automated and operating on a single isolation transformer.
VII. OLD BUSINESS
A. STATUS OF MSTU AND COMMUNITY OUTREACH
The “MSTU Community Outreach Plan,” outlining the public outreach efforts to provide
information and solicit input from tax paying residents, has been implemented with Homeowner
Associations within the M.S.T.U. boundaries.
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Ms. Arnold reported the goal to communicate accomplishments and identify projects property
owners would like to see implemented by the M.S.T.U. has been successful. The collection of
residents contact information is beneficial in building a database to provide information to property
owners.
Ms. Arnold reported to the Board of County Commissioners on March 26, 2019 on the progress of
the Community Outreach Plan (noted below) and expressed an “Intent to Continue” with M.S.T.U.
projects on behalf of the Committee and property owners.
• Monthly Meetings
• Community Surveys
• Newsletters
• Public Meetings
• Comprehensive Mailings: An annual mailing to all residents relaying M.S.T.U. activities
and accomplishments is being considered.
Ms. Arnold encouraged members to place M.S.T.U presentations on homeowner association
agendas to educate residents on the benefits and accomplishments of the entity as well as gathering
feedback for new projects.
B. RICH KING ENTRY PROJECT
At the March 26, 2018 meeting of the Board of County Commissioners (BCC), a directive to proceed
with the “Rich King Memorial Greenway Entryway” refurbishment project was granted. Funding is
available in the 2019 and proposed 2020 budgets to finance the project.
Mr. Sells will prepare Notification of FPL Facilities and Right of Way Use (ROW) agreements for
submission to Florida Power & Light (FPL). He noted that an extra HydroPoint controller will be
used to control the irrigation system for the project which will be connected to a County water source;
a method for determining cost reimbursement will be devised.
VIII. NEW BUSINESS
A. Summer Schedule
The Committee agreed to cancel the May, June and July 2019 Advisory Committee meetings noting
a meeting can be scheduled to address time sensitive items if necessary. The next scheduled meeting
is August 12, 2019.
Chairman Lewis motioned to cancel the May, June and July 2019 meetings of the Radio Road
Beautification M.S.T.U. Advisory Committee reserving the right to schedule a special meeting if
necessary. Second by Mr. Wilson. Carried unanimously 4 - 0.
IX. COMMITTEE MEMBER COMMENTS
None
X. PUBLIC
Wayne Sherman commented:
1. The October 17, 2013 contractual agreement for the Rich King project had a one-year termination
clause.
Mr. Sells will prepare a new contract identifying changes to the previously approved contract for
submission to the Board of County Commissioners and FPL.
4
Rebecca Paratore commented:
1. The validity of the original FPL agreement with the County for refurbishment of the Rich King
Parkway was questioned. As noted under item VII. B., Staff will apply for a new ROW permit.
2. Ms. Arnold will provide a list of Homeowner Association meetings conducted by Staff.
Larry True commented:
1. Two (2) country clubs have initiated a petition to “sunset” the M.S.T.U.
2. Members of Glen Eagle voted against the 2002 modification to the Ordinance to transfer Devonshire
Boulevard to the M.S.T.U.’s area of responsibility.
Marlene Sherman commented:
• The landscaping in the Berkshire Lakes ROW, installed by the M.S.T.U, should be maintained by
Berkshire Lakes Association, a similar arrangement to Publix assuming responsibility for the
commercial side. Mr. Sells noted two parties must concur on an arrangement for an agreement to
be executed. Berkshire Lakes has not agreed to maintain the area.
• Staff will reply to Ms. Sherman’s email.
XI. ADJOURNMENT
There being no further business to come before the Committee, the meeting was adjourned by the
Chair at 3:40 P.M.
NEXT M.S.T.U. MEETING: AUGUST 12, 2019
Berkshire Lakes Master Association Clubhouse
495 Belville Boulevard, Naples, FL 34105
RADIO ROAD MSTU ADVISORY COMMITTEE
__________ ____________________
Dale Lewis, Chairman
The Minutes were approved by the Committee on , 2019 as presented ,
or as amended. ________.
RADIO ROAD MSTU
FUND 158
September 9, 2019
Vendor Item PO#Budget Commitments Expenditures Total
1 CUR AD VALOREM TAX (130,800.00)$ -$ (123,979.75)$ (6,820.25)$
2 DEL AD VALOREM -$ -$ (1,702.67)$ 1,702.67$
3 OVERNIGHT INTEREST -$ -$ (3,811.67)$ 3,811.67$
4 FIFTH THIRD O/N INTEREST -$ -$ -$ -$
5 INVESTMENT INTEREST (2,000.00)$ -$ (11,819.09)$ 9,819.09$
6 INTEREST TAX COLL -$ -$ (64.10)$ 64.10$
7 REVENUE STRUCTURE (132,800.00)$ -$ (141,377.28)$ 8,577.28$
8 TRANSFERS FROM PROP APP -$ -$ -$ -$
9 TRANSFERS FROM TAX COLL -$ -$ -$
10 CARRY FORWARD GEN (807,500.00)$ -$ -$ (807,500.00)$
11 CARRY FORWARD (2,899.44)$ -$ -$ (2,899.44)$
12 NEG 5% EST REV 6,700.00$ -$ -$ 6,700.00$
13 TRANSFERS & CONTRIB (803,699.44)$ -$ -$ (803,699.44)$
14 TOTAL REVENUE (936,499.44)$ -$ (141,377.28)$ (795,122.16)$
15 ENGINEERING FEES 12,000.00$ -$ -$ 12,000.00$
16 INDIRECT COST 4,200.00$ -$ 4,200.00$ -$
Florida Land Maintenance Incidentals 4500189942 -$
Florida Land Maintenance Incidentals 4500196103 19,300.00$ 700.00$
17 LANDSCAPE INCIDENTALS 20,000.00$ 19,300.00$ 700.00$ -$
Florida Land Maintenance Grounds Maintenance 4500189942 -$ 30,000.00$
Florida Land Maintenance Grounds Maintenance 4500196103 9,445.00$ 27,755.00$
Naples Electric Motor Works Irrigation parts & related parts 4500194906 1,125.00$ 375.00$
Florida Power & Light App Fee ROW Consent Agrmt.4500196650 -$ 500.00$
18 OTHER CONTRACTUAL 70,000.00$ 10,570.00$ 58,630.00$ 800.00$
19 POST FREIGHT USPS Bulk Mail fees & postage -$ -$ 471.81$ (471.81)$
20 ELECTRICITY FP&L Electricity 1,500.00$ 154.70$ 695.30$ 650.00$
21 WATER & SEWER Collier County Water & Sewer 500.00$ -$ -$ 500.00$
22 RENT EQUIPMENT JM TODD Copier/Printer Lease (shared)4500191080 300.00$ -$ 266.12$ 33.88$
23 INSURANCE GENERAL Collier County Insurance Direct Pay 300.00$ -$ 300.00$ -$
FIS Irrigation Parts 4500189929 1,187.33$ 812.67$
Hydropoint Data Systems Irrigation System VISA -$ 705.00$
24 SPRINKLER MAINTENANCE 5,000.00$ 1,187.33$ 1,517.67$ 2,295.00$
25 MULCH Forestry Resources Mulch 4500190392 4,000.00$ 670.90$ 1,649.10$ 1,680.00$
26 LIGHTING MAINTENANCE 2,899.44$ -$ -$ 2,899.44$
27 LICENSES & PERMITS Cartegraph Licensing & Support 4500197283 -$ -$ 464.00$ (464.00)$
28 LEGAL ADVERTISING 300.00$ -$ -$ 300.00$
Juristaff, Inc.Transcriptionist Services 4500189787 -$ 230.19$
Premier Staffing Transcriptionist Services 4500190381 1,116.90$ 683.10$
28 OTHER MISCELLANEOUS 2,000.00$ 1,116.90$ 913.29$ (30.19)$
29 OFFICE SUPPLIES Staples Advantage Office Supplies 4500190280 200.00$ 163.46$ 36.54$ (0.00)$
30 COPYING CHARGES JM TODD Monthly CPC 4500191081 300.00$ 103.49$ 196.51$ -$
Florikan Fertilizer 4500189930 -$ 956.25$
Howard Fertilizer Fertilizer VISA 1,050.00$
31 FERT HERB CHEM 3,000.00$ -$ 2,006.25$ 993.75$
32 OTHER OPERATING SUPPLIES 100.00$ -$ -$ 100.00$
33 OTHER TRAINING 200.00$ -$ -$ 200.00$
34 OPERATING EXPENSE 126,799.44$ 33,266.78$ 72,046.59$ 21,486.07$
35 INFRASTRUCTURE Harts Electrical Install new Transformer 4500187376 -$ -$ 2,450.10$ (2,450.10)$
36 IMPROVEMENTS GENERAL 736,600.00$ -$ -$ 736,600.00$
37 CAPITAL OUTLAY 736,600.00$ -$ 2,450.10$ 734,149.90$
38 TRANSFERS TO 111 46,400.00$ -$ 44,600.00$ 1,800.00$
39 TRANSFERS TO 112 21,200.00$ -$ 21,200.00$ -$
40 Budget Trans from Appraiser 2,200.00$ -$ 1,016.74$ 1,183.26$
41 Budget Trans from Tax Collector 3,300.00$ -$ 2,365.18$ 934.82$
42 TRANSFERS 73,100.00$ -$ 69,181.92$ 3,918.08$
43 TOTAL BUDGET 936,499.44$ 33,266.78$ 143,678.61$ 759,554.05$
1,214,337,046 FY 10 Final Taxable value
1,039,288,028 FY 11 Final Taxable value
984,103,688 FY 12 Final Taxable Value
955,918,992 FY 13 Final Taxable Value Total Available Balance 759,554.05$
967,155,849 FY 14 Final Taxable Value Plus Commited And Not Spent 33,266.78$
996,994,678 FY 15 Final Taxable Value Estimated Cash 792,820.83$
1,066,174,009 FY 16 July Taxable Value
1,145,697,249 FY 17 July Taxable Value 786,000.58$
1,242,647,732 FY 18 July Taxable Value
1,304,336,542 FY 19 July Taxable Value
1,358,426,325 FY 20 July Taxable Value
4.15%Adj. 19 to 20
FY 20 FY 19
Millage 0.0000 0.1000 Maximum Cap = .5000
Extension 0 130,424
Property Tax Limitation Impact
FY 20 Gross Taxable Value 1,358,426,325
Minus: New Const. Annex.6,064,235
Plus: Amendment #1 TV
Component 0
Adj. Taxable Value 1,352,362,090
19 Levy 130,435
Rolled Back Rate (less Amend. One)0.0964
Estimated Cash Less
Uncollected Ad Valorem Taxes
RADIO ROAD MSTU
FUND 158
FY20 Budget Prep
Vendor Item FY18 Budget Commitments Expenditures Available FY19 Forecast FY20 Budget
CUR AD VALOREM TAX (119,774.18)$ (130,800.00)$ -$ (116,073.64)$ (14,726.36)$
DEL AD VALOREM (67.97)$ -$ -$ (1.11)$ 1.11$
OVERNIGHT INTEREST (3,649.35)$ -$ -$ (1,533.69)$ 1,533.69$
FIFTH THIRD O/N INTEREST -$ -$ -$ -$
INVESTMENT INTEREST (8,527.00)$ (2,000.00)$ -$ (2,789.67)$ 789.67$
INTEREST TAX COLL (7.47)$ -$ -$ (45.54)$ 45.54$
REVENUE STRUCTURE (132,025.97)$ (132,800.00)$ -$ (120,443.65)$ (12,356.35)$
TRANSFERS FROM PROP APP (48.08)$ -$ -$ -$ -$
TRANSFERS FROM TAX COLL (995.72)$ -$ -$ (995.72)$ 995.72$
CARRY FORWARD GEN (807,500.00)$ -$ -$ (807,500.00)$
CARRY FORWARD (2,899.44)$ -$ -$ (2,899.44)$
NEG 5% EST REV 6,700.00$ -$ -$ 6,700.00$
TRANSFERS & CONTRIB (1,043.80)$ (803,699.44)$ -$ (995.72)$ (802,703.72)$
TOTAL REVENUE (133,069.77)$ (936,499.44)$ -$ (121,439.37)$ (815,060.07)$
PERSONAL SERVICE 2,957.58$
ENGINEERING FEES 6,070.00$ 12,000.00$ -$ -$ 12,000.00$ 4,000.00$ 2,000.00$ Rich King
INDIRECT COST 4,500.00$ 4,200.00$ -$ 2,100.00$ 2,100.00$ 4,200.00$
LANDSCAPE INCIDENTALS Florida Land Maintenance Incidentals 20,938.28$ 20,000.00$ 20,000.00$ -$ -$ 5,000.00$ 20,000.00$
OTHER CONTRACTUAL Florida Land Maintenance Grounds Maintenance 59,652.40$ 70,000.00$ 42,000.00$ 25,200.00$ 2,800.00$ 70,000.00$ 70,000.00$
POST FREIGHT 2,505.45$ -$ -$ -$ -$ -$ 3,000.00$ Newsletter
ELECTRICITY FP&L Electricity 703.36$ 1,500.00$ 587.28$ 262.72$ 650.00$ 1,400.00$ 1,500.00$
WATER & SEWER Collier County Water & Sewer 54.38$ 500.00$ -$ -$ 500.00$ 150.00$ 1,500.00$
RENT EQUIPMENT JM TODD Copier/Printer Lease (shared 266.12$ 300.00$ 133.06$ 133.06$ 33.88$ 300.00$ 300.00$
INSURANCE GENERAL Collier County Insurance 300.00$ 300.00$ 225.00$ 75.00$ -$ 300.00$
FIS Irrigation Parts 1,480.92$ 519.08$
Hydropoint Data Systems Irrigation System -$ 705.00$
SPRINKLER MAINTENANCE 5,614.00$ 5,000.00$ 1,480.92$ 1,224.08$ 2,295.00$ 5,000.00$ 5,000.00$
MULCH Forestry Resources Mulch -$ 4,000.00$ 2,320.00$ -$ 1,680.00$ 2,000.00$ 1,500.00$
LIGHTING MAINTENANCE 463.11$ 2,899.44$ -$ -$ 2,899.44$ 1,500.00$ 1,500.00$
PRINTING AND OR BINDING 3,949.88$ -$ -$ 4,000.00$
LEGAL ADVERTISING 514.08$ 300.00$ -$ -$ 300.00$ 400.00$ 400.00$
Juristaff, Inc.Transcriptionist Services -$ 230.19$
Premier Staffing Transcriptionist Services 1,800.00$
OTHER MISCELLANEOUS 1,674.82$ 2,000.00$ 1,800.00$ 230.19$ (30.19)$ 1,200.00$ 1,800.00$
OFFICE SUPPLIES Staples Advantage Office Supplies 16.24$ 200.00$ 174.80$ 25.20$ (0.00)$ 200.00$ 200.00$
COPYING CHARGES JM TODD Monthly CPC 273.05$ 300.00$ 221.82$ 78.18$ -$ 300.00$ 300.00$
FERT HERB CHEM Florikan Fertilizer 956.25$ 3,000.00$ 1,338.75$ 956.25$ 705.00$ 2,000.00$ 2,300.00$
OTHER OPERATING SUPPLIES 424.11$ 100.00$ -$ -$ 100.00$ 100.00$ 100.00$
OTHER TRAINING 200.00$ -$ -$ 200.00$ 200.00$ 200.00$
OPERATING EXPENSE 108,875.53$ 126,799.44$ 70,281.63$ 30,284.68$ 26,233.13$ 98,250.00$ 115,600.00$
INFRASTRUCTURE Harts Electrical Install new Transformer -$ -$ 2,450.10$ (2,450.10)$ 2,500.00$ -$
IMPROVEMENTS GENERAL 736,600.00$ -$ -$ 736,600.00$ -$ 30,000.00$ Rich King
CAPITAL OUTLAY -$ 736,600.00$ -$ 2,450.10$ 734,149.90$ 2,500.00$ 30,000.00$
TRANSFERS TO 111 38,100.00$ 46,400.00$ -$ 44,600.00$ 1,800.00$ 44,600.00$
TRANSFERS TO 112 -$ 21,200.00$ -$ 21,200.00$ -$ 21,200.00$ -$
Budget Trans from Appraiser 969.26$ 2,200.00$ -$ 508.38$ 1,691.62$ 2,200.00$
Budget Trans from Tax Collector 2,446.85$ 3,300.00$ -$ 2,371.49$ 928.51$ 3,300.00$
TRANSFERS 41,516.11$ 73,100.00$ -$ 68,679.87$ 4,420.13$
TOTAL BUDGET 153,349.22$ 936,499.44$ 70,281.63$ 101,414.65$ 764,803.16$
Structure No.: 155M2
Section, Township, Range: 6-50-26
Easement No.: 8C-6
RIGHT-OF-WAY CONSENT AGREEMENT
(Governmental Entity)
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 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, whose mailing address is 3299 Tamiami Trail East, Naples, FL 34112, hereinafter referred to as
"Licensee", using an area within Company's right-of-way granted by that certain agreement recorded in O.R.
Book 513, at Page 583, Public Records of Collier County, Florida. The said area within Company's tight -of -
way is hereinafter referred to as "Lands". The use of the Lands by Licensee, shall be solely for the purpose of
installation of pavers and landscaping associated with the Rich King Memorial Greenway as submitted by
Licensee attached as Exhibit "A".
In consideration for Company's consent and for the other mutual covenants set forth below, and for
Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties hereto agree as follows:
1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event
Licensee does not own said Lands; to obtain any and all applicable federal, state, and local permits required in
connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal,
state, and local laws, ordinances, rules and regulations applicable or pertaining to the use of the Lands by
Licensee pursuant to this Agreement.
2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is
subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents,
and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the
Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any
facilities, devices, or improvements on the Lands which aid in or are necessary to Company's business or
operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in
the exercise of such rights and interest, Company from time -to -time may require Licensee, to relocate, alter, or
remove its facilities and equipment, including parking spaces and areas, and other improvements made by
Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion, from properly
and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove
said facilities, equipment, parking spaces and areas, and other improvements within ninety (90) days of
receiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost
and expense of Licensee and at no cost and expense to Company; provided however, should Licensee, for any
reason, fail to make such relocation, alteration, or removal, Company retains the right to enter upon the Lands
and make said relocation, alteration, or removal of Licensee's facilities, equipment, parking spaces and areas,
and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense
incurred in connection therewith upon demand.
3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company,
may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist.
Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive
Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]),
petroleum products, liquids or flammables shall be placed on, under, transported across or stored on the Lands,
which restricts, impairs, interferes with, or hinders the use of the Lands by Company or the exercise by
Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous
Fox. 3740GROW Rev. 07/31/12
Page 1 of 11 CAO
condition, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost
and expense, correct such condition or situation; provided however that the Company retains the right to enter
upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee
hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from
Licensee's failure to comply with the provisions of this Agreement.
4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from
using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen (14) feet
above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands
and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein,
shall be made which will result in preventing Company access to its facilities located within said Lands. Unless
otherwise provided herein, Licensee agrees to maintain a one hundred and fifty (150) foot wide area, clear of
any activities, with a lineal measurement of seventy five (75) feet on each side of the centerline of Company's
existing and planned facilities.
5. Licensee understands and agrees that the planting of trees, shrubs, and other foliage capable
of exceeding fourteen (14) feet in height at full maturity is not permitted within Company's Lands.
6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a
height of fourteen (14) feet above existing grade and all poles or standards supporting light fixtures are to be of
a non-metallic material.
7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed
of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14)
feet above existing grade and does not make contact with any Company's facilities. Aboveground systems
shall not be installed within or across Company patrol or finger roads and underground systems crossing said
patrol and finger roads are to be buried at a minimum depth of one (1) foot below existing road grade.
8. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the
electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high
voltage electricity and agrees to use all safety and precautionary measures when working under or near
Company's facilities. Licensee hereby acknowledges the receipt and required execution of Form 360 "Exhibit
"C" prior to the commencement of construction within the Lands.
9. Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris. Except
as provided herein, Licensee further understands and agrees that certain uses of the Lands are specifically
prohibited; such uses include but are not limited to recreational purposes, hunting and camping, and Licensee
agrees to notify its employees, agents, contractors, and invitees accordingly.
10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and
Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting
from Company's use of the Lands for its purposes.
if. 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. Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees subject
to the limitations contained in Section 768.28, Florida Statutes, if applicable, to indemnify and save harmless
Company, its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees
Foxm 3740GROW Rev. 07/31/12
Paqe 2 of 11 CAO
(hereinafter referred to as the "FPL Entities"), from all liability, loss, cost, and expense, including attorneys'
fees, which may be sustained by FPL Entities to any person, natural or artificial, by reason of the death of or
injury to any person or damage to any property, arising out of or in connection with the herein described
purposes by Licensee, its contractors, agents, or employees; and Licensee agrees subject to the limitations
contained in Section 768.28, Florida Statutes, if applicable, 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 shall, and shall cause each of Licensee's contractors and subcontractors
performing work in connection with the Project during the period of this Agreement, to procure and
maintain at Licensee's and such contractors' and subcontractors' sole expense, the following minimum
insurance, with insurers with a rated "A-, VII" or higher by A.M. Best's Key Rating Guide that are licensed
to do business in the State of Florida, or as may be approved in writing by COMPANY'S Risk Management
Department from time to time:
(i) Workers' Compensation Insurance for statutory obligations imposed by applicable
Florida law, including, where applicable, the United States Longshoremen's and
Harbor Workers' Act, the Maritime Coverage and the Jones Act;
(ii) Employers' Liability Insurance, including Occupational Disease, shall be provided
with a limit of One Million Dollars ($1,000,000) for bodily injury by accident, with
a limit of One Million Dollars ($1,000,000) for bodily injury by disease/policy and
with a limit of One Million Dollars ($1,000,000) for bodily injury by
disease/employee;
(iii) Automobile Liability Insurance which shall apply to all owned, non -owned, leased
and hired automobiles in an amount with minimum limits of not less than One
Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury
and property damage per accident; and
(iv) General Liability Insurance, written on Insurances Services Office form GC 00 01
1204 (or equivalent) covering liability arising out of premises, operations, bodily
injury, property damage, products completed and liability insured under and
insured contract (sometimes referred to broad form contractual liability), with
minimum limits of One Million Dollars ($1,000,000) combined single limit per
occurrence, which shall insure the indemnity obligations assumed by Licensee
under this Agreement.
Except for the Workers' Compensation Insurance, the FPL Entities shall be designated as an additional
insured on Licensee and/or Licensee's contractors insurance policies required to be maintained under this
Agreement. All policies of insurance required to be maintained by Licensee and Licensee's contractors and
subcontractors hereunder shall provide and each of Licensee, and Licensee's contractors and
subcontractors, shall cause the insurers of their respective insurance to include, either in its printed text or
by endorsement: (i) a severability, of interests clause; (ii) an endorsement that Licensee's and Licensee's
contractors' and subcontractors' insurance policies are to be primary and non-contributory to any insurance
that may be maintained by or on behalf of FPL Entities; and (iii) a waiver of subrogation against FPL
Entities.
In the event that any policy furnished by Licensee and/or Licensee's contractors and subcontractors
provides for coverage on a "claims made" basis, the retroactive date of the policy shall be the same as the
effective date of this Agreement, or such other date, as to protect the interest of FPL Entities. Furthermore,
for all policies furnished on a "claims made" basis, Licensee's and Licensee's contractors' and
Form 3740GROW Rev. 07/31/12
Paqe 3 of 11 CAO
subcontractors' providing of such coverage shall survive the termination of this Agreement, until the
expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract
or in tort. If coverage is on "occurrence" basis, Licensee and Licensee's contractors and subcontractors
shall maintain such insurance during the entire term of this Agreement.
Licensee and Licensee's contractors and subcontractors shall promptly provide evidence of the minimum
insurance coverage required under this Agreement in the form of an ACORD certificate or other certificate
of insurance acceptable to FPL. Upon FPL's request, Licensee and Licensee's contractors and
subcontractors shall provide FPL with complete copies of all required insurance policies under this
Agreement. If any of the required insurance is cancelled or non -renewed, Licensee and Licensee's
contractors and subcontractors shall file a new Certificate of Insurance or binder with FPL demonstrating
to FPL's satisfaction that the required insurance coverages to be maintained hereunder have been extended
or replaced. Neither Licensee's nor Licensee's contractors and subcontractors failure to provide evidence
of minimum coverage of insurance following FPL's request, nor FPL's decision to not make such request,
shall release Licensee and Licensee's contractors and subcontractors from their respective obligations to
maintain the minimum coverage provided for in this Section.
Licensee shall be responsible for managing and administering all insurance policies required hereunder,
including the payment of all deductibles and self-insured retention amounts, the Fling of all claims and the
taking of all necessary and proper steps to collect any proceeds on behalf of the relevant insured person or
entity. Licensee shall at all times keep FPL informed of the filing and progress of any claim, If Licensee
shall fail to perform these responsibilities, FPL may take such action as it determines appropriate under the
circumstances. In the event Licensee collects proceeds on behalf of other persons or entities, it shall ensure
that these are paid directly from the insurers to the relevant person or entity and, in the event that it receives
any such proceeds, it shall, unless otherwise directed by FPL, pay such proceed to such party forthwith and
prior thereto, hold the same in trust for the recipient.
Nothing in this Section shall be deemed to limit Licensee's liability under this Agreement regardless of the
insurance coverages required hereunder. No limitation of liability provided to Licensee under this
Agreement is intended nor shall run to the benefit of any insurance company or in any way prejudice, alter,
diminish, abridge or reduce, in any respect, the amount of proceeds of insurance otherwise payable to FPL
Entities under coverage required to be carried by Licensee under this Agreement, it being the intent of the
parties that the full amount of insurance coverage bargained for be actually available notwithstanding any
limitation of liability contained in the Agreement, if any. FPL assumes no responsibility for the solvency
of any insurer or the failure of any insurer to settle any claim. In the event that the Licensee self insures,
Licensee shall provide Company with a letter of self-insurance in form and substance satisfactory to
Company's Risk Management Department. Licensee's contractors and sub -contractors may not self- insure.
This Section shall survive the expiration of this Agreement
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 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
Form 3740GROW Rev. 07/31/12
Paqe 4 of 11
CAO
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 four (4) 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 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 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 competentjurisdiction to
be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired.
In the event of any litigation arising out of enforcement of this Consent Agreement, the prevailing party in such
litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees.
18. Licensee may assign its rights and obligations under this Agreement to a solvent party upon
prior written consent of the company, which consent shall not be unreasonably withheld.
19. Licensee agrees that any review or approval by Company of the plans and/or specifications
submitted by Licensee attached hereto as Exhibit "A", the approval of the identity of any contractors,
subcontractors and materialmen, or the delivery by Company of any construction specifications to Licensee, is
solely for the purpose of processing this Consent, and without any representation or warranty whatsoever to
Licensee with respect to the adequacy, correctness or efficiency thereof or otherwise and it is understood that
such Company's approval does not absolve Licensee of any liability hereunder. Further, Licensee, in
connection with the construction, maintenance and/or removal of improvements depicted on Exhibit "A" to
the Agreement, agrees to observe and fully comply with all construction, operation and maintenance standards,
as well as all applicable laws, rules and regulations of the United States, the State of Florida, and all agencies
and political subdivisions thereof, including without limitation, the National Electric Safety Code and the
Occupational Safety & Health Administration regulations, standards, rules, registers, directives or
interpretations.
20. This Agreement includes and is subject to the provisions described on the attached Addendum.
Executions on following page
Form 3740GROW Rev. 07/31/12
Paqe 5 of 11
CAO
The parties have executed this Agreement this
20
Witnesses:
Signature:
Print Name:
Signature:
Print Name:
day of
FLORIDA POWER & LIGHT COMPANY
By:
Its: Corporate Real Estate Manager
Print Name: Mark L. Byers
Approved and accepted for and behalf of Collier County, Florida, this
20
(Official Seal)
day of
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CRYSTAL K. KINZEL, Clerk
BY: BY:
Deputy Clerk W.L. McDaniel, Jr., Chairman
APPROVED AS
Form 3740GROW Rev. 07/31/12
Page 6 of 11
ADDENDUM
Prior to installation, Licensee must schedule a Safety Six meeting for all construction personnel
working on the project. Please contact FPL Transmission Operations at (239) 690-2735 to
schedule the meeting.
Any proposed vegetation being planted directly under Company facilities must be planted at
existing ground level and not on raised beds with the exception of small growing shrub types.
Licensee has been informed and understands that Company will be adding additional facilities to
the Lands in 2020. Installation of Licensee's improvements would be better timed to occur after
Company has completed its work to avoid damage to said improvements. Licensee will
coordinate timing of its installation with Company to minimize such conflicts. Any damage to
improvements made by Licensee will be Licensee's responsibility pursuant to paragraph 10 of
this Agreement.
Form 3740GROW Rev. 07/31/12
Paqe 7 of 11
CAO
EXHIBIT "A"
Form 3740GROW Rev. 07/31/12
Paqe 8 of 11
CAO
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FPL, NOTIFICATION OF FPL FACILITIES
Cusloseer7Agency
Dale ofMooUnglOo mmi:
Daveloper'Gonlfador Name
Pfgwl NumirerMani
Location of Prdecl
Clry:,_ _
FPL Representative
Phone; _.. _
Dombpor/Contraclor Representative _
FPL Work Request 9/Work Order P. _
FPL calls year attention to In, fact that there maybe energized, high voltage efechic Imes, both overhead and underground, located In the area of this project. Ilia
Impwativo that you visually survey the area and That you also take the necessary steps to Idengfy all overhead and underground facilities prior to oommendrg
censlmdion to determine whelher the consWarof a any proposed Impmvemonts MII Wing any porson, tool, machinery, equipment or obocl closer to FPCs
povmr lines than the OSHA•prescdbed Iimils. If It will, you must either redesign your "Jest to allow It to be built safely given the pre exlslingpaver line ballon,
or mato: arrangements with FPL to either deonergiza and ground our fedlllios, or relocate Nem, possibly at yourexpenee. You must do this before allowing any
construction near (lie power linea. It Is Impossible IorFPL to knovotmedlelvdielher or not the mnlmclom vrsubconlmctors, and their employees. will operate
or use cranes, digging apparatus or other mobile equipment, or handle moderate or loots, In dangerous proximily to such power Imes during the course of
construction, and, Ilse, when and where. Theretom, If It becomes necessary for any contractor on subormumtor, or their employees, to operate a handle cranes,
digging apparatus, draglines, mobilo equpmenl, or any other equipment, toots as matadals In such a manner that They might coma closer to underground or
overhead power has than Is permitted by local, stale s federal regulallons, you and any such contractor or subcontractor must notify FPL In voting of such
planned operation prior to the commencement thereof and make all necessary arrangements with FPL In order to carry cut the work In a safe manner. Any work
in the vicinity of ilia electric Ines should he suspended unit( (hese arrangements are finalized and Implomonlod.
The National Elechi od Safely Code ("NEW) prescribes minimum clearances that must be maintained, If you build your structure so that Nose clearances cannot
be maintained, you nmy loco required to compensate FPL for the relocation of our (Writers to comply with Those deamnms. As such, you shouidcamael FPL pear
to commencing construction near preexisting underground or overhead power lines (o make sure that your proposed Improvement dee not Impinge upon the
NESC clearances.
It Is your responsibility and the responsibility of yourconiractors and subcontractors on figs prated toWiganlly fulfill the felo wing obligatfons:
1, Make absolutely certain that al persons responslMe for operating of handling Vance, digging apparatus, draglines, mobile equipment or any
equipment, real, or ma oval capable of cadxl8g a power 1100, am in compliance with all applicable state and lede al regulagoos, Including but
no Ilmlled to U.S. Department of labor OSHA Regeallons, while performing their work,
2. Make sure that all cranes, digging apparatus, dr8911me, mobile equipment, and all other equipment or materials capable of conloctinga
power lino have attached to them any wooing signs required by U.S. Department of Ubor OSHA Regulelions.
3. Past and maintain proper warning signs and advise all employees, new and old alike, of thelrobligalia to keep themselves, their loots,
materials and mWismend away from power firm per the knowing OSRA minimum approach distances (rotor to OSHA regulators (or restrictions):
'P�erLbtV4lage4 "Peuomel and Feelomenl Cranosand Omdcks Trmrel under or nom Paver Linn (on mnsWclion sites go(oadl
V9CFRIsI0.3 md192SW) (29CFft /92B.1d07, 14W) (29CFR1926,60o-EgVionamg (1926.1411 -Cranes and Deertekal
0.760volts fOFeel to Feed 4Fact 4Feet
751-50.000 volts 10 Feet to Feel 4 Feel 6 Fool
69,000vdls 11 Feet 15 Feer 10 Feel 10 Fact
115,000 volts 13 Feel 15 Feet 10 Feet 10 Feel
130,000 volts 13 Feel 161'eal 10 Feet 10 Feel
230,000 vets 16Feel 20 Feel Wool forest
500,ODOvells 25 Feet 25 Feel 16 Foot 1OFeal
4. All excavators aro required to contact file Sunshine 61ato Ono Cog of Florida, phone number 14100-432-0770 or 611 a minimum of hru woddng days
(minding weekends) in advance of commencement of excaealion toensum fanidas are located amuraloly.
5. Conduct al locators and excavations in accordance with Tire Florida Statute 6% of the Underground Fad010os Damage Prevention Or Safely Act and all
heal city and county me inancas that may apply.
6. When an excavation is to lake place within a lolefanco zono, an excavator shall use Increased caution to PMfia underground Whites,
The protection requires hand d!gglm, pot holing, sell digging, vamum methods, orslnwarprocedwes b hardly underground facilities.
A copy of [his notigcalfon must be provided by you to each ocaurclor and subcontractor an (his project, to be shared with Ihalr supewlslon and omployees prior to
commencing work an TMs pried.
1.1c ns by each wtsnotltwdm was provided to asumar ender mnvador
FPl Repre9emev4e 9Dnalum
Cusbmial) abpwrCohuadw Represenla4Ye Sgnature. Data
Fam360(Rex. 1,9121
Form 3740GROW Rev. 07/31/12
Paqe 11 of 11
Trees Suitable for Planting Under Transmission Lines South Region
The trees listed below are acceptable for planting under Transmission lines in USDA
Hardiness Zones 9b – 11. The defining criterion is a mature height of less than fourteen
(14) feet. Any vegetation that does not meet the fourteen (14) height limitation is not
acceptable.
Chinese Photinia Photinia serrulata
American Elder Sambucus canadensis
Angel’s Trumpet-tree Brugmansis spp.
Dwarf Poinciana Caesalpinia pulcherrima
Blackbead Pithecellobium bahamensis
Lemon Bottlebrush Callistemon citrinus
Spanish Stopper Eugenia foetida
Buccaneer Palm Pseudophoenix sargentii
Carolina Buckthorn Rhamnus caroliniana
Butterfly bush Cassia bicapsularis
Candlebrush Cassia alata
Orange Jasmine Murraya paniculata
Surinam Cherry Eugenia uniflora
Cocoplum Chrysobalanus icaco
‘Comanche’ Crapemyrtle Lagerstroemia x ‘Comanche’
‘Cherokee’ Crapemyrtle Lagerstroemia x ‘Cherokee’
‘Acoma’ Crapemyrtle Lagerstroemia x “Acoma’
‘Crape-Myrtlettes’
Dwarf Schefflera Schefflera arboricola
European Fan Palm Chamaerops humilis
Sparkleberry Vaccinium arboreum
Pineapple Guava Feijoa sellowiana
Fire-Cracker Jatropha integerrima
Florida Privet Forestiera segregata
Harlequin Gloryblower Clerodendron trichotomum
Round-Leaf Hawthorn Raphiolepis umbellata
Japanese Privet Ligustrum japonicum
Pygmy Date Palm Phoenix roebelenii
Key Thatch palm Coccothrinax morrisii
Pink Powderpuff Calliandra surinamensis
Powderpuff Calliandra haematocephala
Princess-Flower Tibouchina urvilleana
RIGHT OF WAY USE - CUSTOMER GUIDELINES
Any use of FPL Right of Way requires a Right of Way Consent Agreement. FPL must have the capability at all times to
construct, operate, maintain and restore its transmission and distribution facilities now located, or to be located, within
its Rights-of-Way. Any use of FPL’s Rights-of-Way by the underlying owner, or owner’s assigns, which would prevent
or unreasonably restrict FPL from performing these activities, or is considered by FPL as hazardous, is not allowed.
Safety is a main concern, so the following guidelines are based on National Electrical Safety Code requirements, as well
as good engineering principals and practices. These guidelines are general in nature and may vary in some instances
depending upon construction type, easement terms, etc.
I. The following activities, either temporary or permanent in nature, are not allowed within the limits of
FPL’s Rights-of-Way:
A. The placement of structures, buildings, mobile homes or trailers, recreational vehicles, sailboats,
satellite receiver systems, towers, swimming pools and associated equipment, cemetery sites, wells,
septic tanks, storage tanks, dumpsters, trash, flammable material, building material and disabled
vehicles, motor boats, and sailboats.
B. Flooding all or any portion of the Right-of-Way.
C. Wet retention systems, ponds, and/or lakes.
D. Conservation easement and or mitigation areas.
E. The use of explosives
F. The attachment of signs or other items to FPL’s facilities.
G. Any activity that might encourage or attract the public to participate in recreational activities which
might cause an unsafe condition to exist.
H. Operating equipment capable of extending beyond a height of 14 feet above existing grade.
I. Storage of equipment capable of exceeding 14 feet in height.
J. The planting of trees, shrubs, plants, etc. capable of exceeding a height of 14 feet above existing grade
at maturity, or containerized plants that would exceed a height of 14 feet above existing grade when
lifted.
K. Fires of any kind, including the burning of any debris, except permitted controlled backing fire.
L. Required parking.
II. A minimum 75 foot area clear of any activities, measured from each side of the centerline of the existing and/or
planned pole(s)/structures, and a linear route (patrol road) 20 feet in width in an approved location within the
easement, are required to ensure FPL vehicular access to its poles, guys, conductors and appurtenances and
therefore can not be used for any purpose.
III. The following activities may be allowable, but require an FPL consent agreement:
A. Excavation or buried facilities of any kind.
B. A change in the existing ground elevation.
C. Ditches crossing the Right-of-Way, must provide crossings that meet FPL specifications and are fully
permitted by the appropriate jurisdictions.
D. Road crossings. Dropped curbing and median cuts of a minimum of 25 feet in width to be provided at
locations designated by FPL.
E. Fencing, providing the fencing is grounded to FPL specifications, does not prohibit access to
structures and 16 foot gates are installed in FPL’s patrol/access areas and other locations designated
by FPL. Gates must accommodate FPL locks.
F. Overflow parking is generally permitted. FPL’s expansion and maintenance programs may require the
use of a required parking space(s), thereby no longer allowing the requesting party to meet
governmental parking requirements.
G. Spraying of pesticides provided it is done in a manner so as to prevent the spray from making contact
with FPL’s facilities.
H. Irrigation systems, provided they are constructed of a non-metallic material and do not extend beyond
14 feet above grade. Sprinkler heads must be set to prohibit spray from making contact with FPL
facilities. Above-ground irrigation systems are not to be installed within or across FPL’s patrol roads
or access areas. Underground irrigation systems may cross patrol roads or access areas provided the
system is buried a minimum depth of one foot below grade.
Owner is responsible to maintain the property according to the county ordinances which apply, including trash removal
of dumped items, mowing and trimming existing trees to a height no higher than 14 feet.
To avoid unnecessary expense, it is recommended that a meeting be held with FPL in the early stages of planning a
project to secure preliminary approval of conceptual plans. Final approval can only be obtained after FPL has been
provided final construction plans. To arrange a meeting please refer to the FPL Consent Application Form for the
necessary FPL contact information.
Scott Windham, ASLALandscape Architect, RLA 0001516p.o. box 1239bonita springs, florida 34133phone: 239.390.1936fax: 239.390.1937scott@windhamstudio.coms t u d i o i n c.WINDHAM
BUBBLER REFERENCE LEGEND IRRIGATION TREE/PALM WINDHAM