Backup Documents 10/22/2019 Item #11N ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 I N
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK -10/2211-9-
4. BCC Office Board of County w "'
Commissioners
5. Minutes and Records Clerk of Court's Office /0 )c3) 3) 7 (/`"
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Harry Sells,Public Transit&Neighborhood Phone Number 252. 1C)
Contact/Department Enhancement
Agenda Date Item was 10/22/19 Agenda Item Number 11-N
Approved by the BCC
Type of Document Right-of-Way Consent Agreement Number of Original 1
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10/22/19 and all changes made during JAK N/A is not
the meeting have been incorporated in the attached document. The County option for
Attorney's Office has reviewed the changes,if applicable. - tht ine.
9. Initials of attorney verifying that the attached document is the version approved by th 1(b N/A 's not
BCC,all changes directed by the BCC have been made,and the document is ready fo the an o tion for
Chairman's signature. N the.
[04-COA-01081/1344830/111:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
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MEMORANDUM
Date: October 24, 2019
To: Harry Sells
Public Transit & Neighborhood Enhancement
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Right of Way Consent Agreement w/FPL
For the Rich King Greenway
Attached is the original document as referenced above, (Agenda Item #11N)
adopted by the Board of County Commissioners Tuesday, October 22, 2019.
Please forward for additional signature and return a fully executed
copy back to the Minutes & Records Department for the Board's
Official Records.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment (1)
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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 right-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
Form 3740GR0W Rev. 07/31/12
Page 1 of 11 C)
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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.
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. 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
Form 3740GROW Rev. 07/31/12
Page 2 of 11
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(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
Page 3 of 11 C
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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 filing 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 3740GR0W Rev. 07/31/12
Page 4 of 11
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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 competent jurisdiction to
be illegal or in conflict with any applicable law,the validity of the remaining provisions shall not be impaired.
In the event of any litigation arising out of enforcement of this Consent Agreement,the prevailing party in such
litigation shall be entitled to recovery of all costs,including reasonable attorneys'fees.
18. Licensee may assign its rights and obligations under this Agreement to a solvent party upon
prior written consent of the company,which consent shall not be unreasonably withheld.
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
Page 5 of 11
C
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The parties have executed this Agreement this day of
20 .
Witnesses: FLORIDA POWER& LIGHT COMPANY
By:
Signature: Its: Corporate Real Estate Manager
Print Name: Print Name: Mark L. Byers
Signature:
Print Name:
Approved and accepted for and behalf of Collier County, Florida, this day of
20
(Official Seal)
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
CRYSTAL K. KINZEL,Clerk &e) idos
By.
uta �, BY:
Wi'iam L. McDaniel,Jr.,Chairman
signature only. APPROVED AS Ti F 8itEGALITY
-41t
BY:
Aliatatiatt .lny ttorn-y
Form 3740GR0W Rev. 07/31/12
Page 6 of 11
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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
Page 7 of 11
O
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EXHIBIT"A"
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Form 3740GR0W Rev. 07/31/12
Page 10 of 11
S
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EXHIBIT"C"
FPL, NOTIFICATION OF FPL FACILITIES
Customer/Agency ._ _ Date of Meeting/Contact:_.
Developer/Contractor Name Project Number/Name:
Location of Project
FPL Representative „_. Phone:_
Developer/Contractor Representative__.. FPL Work Request S/Work Order A:
FPL calls your attention to the fact that there may be energized,high voltage electric lines,both overhead and underground,located in the area of this project. It is
Imperative that you visually survey the arca and that you also take the necessary steps to identify all overhead and ur.derground facilities prior to commencing
construction to determine whether the construction of any proposed Improvements will burg any person,tool,machinery,equipment or object closer to FPL's
pourer lines than the OSI-IA•prescribed limits. If it will,you must either redesign your projrxi to allow It to be built safely given the pre existing power lino location,
or make arrangements with FPL to either deenergize and ground our facilities,or relocate them,poss!biy at your expense.You must do this before allowing any
construction near the power lines. It is impossible for FPL to know or predict whether or not the contractors or subcontractors,and their employees,will operate
or use cranes,digging apparatus or other mobile equipment,or handle materials or tools,in dangerous proximity to such power lines during the course of
construction,and,if so,when and where. Therefore,if it becomes necessary for any contractor or subcontractor,or their employees,to operate or handle cranes,
digging apparatus,draglines,mobilo equipment,or any other equipment,tools or materials in such a manner that they might Dome closer to underground or
overhead power lines than is permitted by local,state or federal regulations,you and any such contractor or subcontractor must notify FPL in writing of such
planned operation prior to the commencement thereof and make all necessary arrangements with FPL In order to carry out the work In a safe manner.Any work
In the vicinity of the electric Anes should be suspended until these arrangements are finalized and Implemented.
The National Electrical Safety Code('NESC')prescribes minimum clearances that must be maintained. If you build your structure so that those clearances cannot
be maintained,you may be required to compensate FPL for the relocation of our facilities to comply with those clearances.As such,you should contact FPL prior
to commencing construction near preexisting underground or overhead power lines to make sure That your proposed improvement does not impinge upon the
NESC clearances.
ft is your responsibility and the responsibility of your contractors and subcontractors on this project to diligently fulfill the following obligations:
1. Make absolutely certain that all persons responsible for operating or handling cranes,digging apparatus,draglines,mobile equipment or any
equipment,tool,or material capable of contacting a power line,are in compliance with st applicable stale and federal regulations,Including but
not limited to U.S.Department of Labor OSHA Regulations,while perforrnir,g their work,
2. Make sure that all cranes,digging apparatus,draglines,mobile equipment,and all other equipment or materials capable of contacting a
power line have attached to them any warning signs required by U.S.Department of Labor OSHA Regulations.
3. Post and maintain proper warning signs and advise all employees,new and old alike,of their obligation to keep themselves,their tools,
materials and equipment away from power lines per the following OSHA minimum approach distances(refer to OSHA regulations for restrictions):
'Power Line Voltages "Personnel and Equipment Cranes and Derricks Travel under or near Power Llneajsn construction sites no load)
(29 CFR 1910.333 and 1926.600) (29 CFR 1926.1407,1408) (29 CFR 1926,600—Equipment) (1928.1411—Cranes and Derricks)
0.750 volts 10 Feel 10 Feel 4 Feet 4 Feet
751-50,000 volts 10 Feet 10 Feet 4 Feet 6 Feet
69,000 volts 11 Feet 15 Feet 10 Feet 10 Feet
115,000 volts 13 Feet 15 Feet 10 Feel 10 Feet
138,000 volts 13 Feet 15 Feel 10 Feet 10 Feet
230,000 volts 16 Feet 20 Feet 10 Feet 10 Feet
500,000 volts 25 Feel 25 Feet 16 Feet 16 Feet
'When uncertain of the voltage,maintain a distance of 20 feet for voltages up to 350,000 volts and 50 feet for voltages greater than 350,000 volts.
"For personnel approaching Insulated secondary conductors less than 750 volts,avoir!contact(Maintain 10 Feet to bare energized conductors less than 750 vdls).For
qualified personnel and insulated aerial tat equipment meeting requirements o129 CFR 1910.333,distances may be reduced to those shown In 29 CFR 1910.333 Table S5.
4. All excavators aro required to contact the Sunshine Stale One Cad of Florida,phone number 1-800-432-4770 or 611 a minimum of two working days
(excluding weekends)in advance of commencement of excavation to ensure facilities are located accurately.
5. Conduct ail locations and excavations in accordance with the Florida Statute 556 of the Underground Facilities Damage Prevention&Safely Act and all
local city and county ordinances that may apply.
6. When an excavation is to take place within a tolerance zone,an excavator shall use Increased caution to protect underground facilities.
The protection requires hand digging,pot holing,soil digging,vacuum methods,or similar procedures to Identify underground facilities.
A copy of this notification must be provided by you to each contractor and subcontractor on this project,to be shared with their supervision and employees prior to
commencing work on this project.
Means by which this no5fvzfon was provided to cusianer androrcontrador Address
FPL Representative Sgnalura Date
Customer/Devebpeu/ConvactorRepresentative Signature Dalt
form 300(her.14112)
Form 3740GROW Rev. 07/31/12
Page 11 of 11
11N
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 right-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
Form 3740GR0W Rev. 07/31/12
Page 1 of 1111:
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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.
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. 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
Form 3740GROW Rev. 07/31/12
Page 2 of 11
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(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 3790GROW Rev. 07/31/12
Page 3 of 11SID
1 1 N
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 filing 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 3740GR0W Rev. 07/31/12
Page 4 of 11
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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 competent jurisdiction to
be illegal or in conflict with any applicable law,the validity of the remaining provisions shall not be impaired.
In the event of any litigation arising out of enforcement of this Consent Agreement,the prevailing party in such
litigation shall be entitled to recovery of all costs,including reasonable attorneys'fees.
18. Licensee may assign its rights and obligations under this Agreement to a solvent party upon
prior written consent of the company,which consent shall not be unreasonably withheld.
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 3740GR0W Rev. 07/31/12
Page 5 of 11
C
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The parties have executed this Agreement this day of G4
20 I',.
Witness • FLORIDA POW LIGHT PANY
/
Signature: //� Its:Corporate Real Estate Manage'
Print Name: /i�/tT7 /k/ 2 ,Q,trA/ Print Name:Mark L.Byers
Signature: 6:41,k,
Print Name: e L
Approved and accepted for and behalf of Collier County, Florida,this'd day of(it1cc>r"
20\�.
(Official Seal)
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
C} 1'SAL K.I 'AII,Clerk 411
'
Ce/ c•CZ— ,r_
BY: i
WI f iam L. McDaniel,Jr.,Chairman
r' �• APPROVED AS Tdi F 1• ► :' EGALITY
BY:
t� A
Alb i •rl my ttorn-y
Form 3740GR0W Rev. 07/31/12
Page 6 of 11
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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
Page 7 of 11
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