Radio Road MSTU Agenda 11/04/2019 .. Radio Road Beautification M.S.T.U.
Advisory Committee
3299 East Tamiami Trail Suite 103
Naples Florida 34112
NOVEMBER 4, 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: October 14, 2019
V. LANDSCAPE MAINTENANCE REPORT – ROBERT KINDELAN, Superb Landscape
VI. PROJECT MANAGER REPORT HARRY SELLS
A. BUDGET REPORT NOVEMBER 4, 2019
B. IRRIGATION SYSTEM AND CONTROLLERS STATUS
C. PRUNING ON RADIO ROAD
D. COMMUNITY OUTREACH PROGRAM
VII. OLD BUSINESS
A. RICH KING ENTRYWAY PROJECT
VIII. NEW BUSINESS
A. DECEMBER/JANUARY MEETING DATES
IX. COMMITTEE MEMBER COMMENTS
X. PUBLIC COMMENTS
XI. ADJOURNMENT
NEXT MEETING: TBD
Berkshire Lakes Master Association Clubhouse
495 Belville Boulevard, Naples, FL 34105
1
Radio Road Beautification M.S.T.U.
Advisory Committee
3299 East Tamiami Trail Suite 103 Naples Florida 34112
October 14, 2019
I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Vice Chair Schoenfelder called the meeting to order at 3:00 PM.
A quorum of three was present. The Pledge of Allegiance was recited.
II. ATTENDANCE
Advisory Committee: Dale Lewis; Chairman (Excused); Maria Schoenfelder; Vice-Chair; Helen
Carella; Frank Cooper; Harry Wilson (Excused)
County Staff: Harry Sells, Project Manager, Michelle Arnold, Director PTNE (Excused)
Others: Gary Gorden, Superb Landscape Services (Excused); Wendy Warren, Premier
III. APPROVAL OF AGENDA
Mr. Cooper moved to approve the Agenda of the Radio Road Beautification M.S.T.U. as presented.
Second by Ms. Schoenfelder. Carried unanimously 3 - 0.
IV. APPROVAL OF MINUTES – September 9, 2019
Mr. Cooper moved to approve the minutes of the September 9, 2019 meeting subject to the following
change:
Page 4, Item X. Public Comments from “… Staff responded to Rebecca Paratore’s questions noting)
…,” to … Rebecca Paratore spoke, and Staff responded to Rebecca Paratore’s questions noting …).”
Second by Ms. Carella. Carried unanimously 3 – 0.
V. LANDSCAPE MAINTENANCE REPORT – Gary Gorden, Superb Landscape (not present)
Mr. Sells reported the landscaping on Devonshire Boulevard looked good.
VI. PROJECT MANAGER REPORT – Harry Sells
A. BUDGET REPORT OCTOBER 14, 2019
Mr. Sells distributed the “Radio Road MSTU Funds 158 Budget for October 14, 2019 for
information purposes highlighting as follows:
• The FY-20 millage rate of 0.0000, recommended in a Committee motion on March 25, 2019,
was approved by the Board of County Commissioners (BCC).
• Taxable Value increased 4.15% FY-20.
• Total revenue FY-20 is $763,200.00 including Investment Interest, 2019 Carry Forward
Transfers and Contributions (minus a 5% reserve of $400 – based on Investment Interest of
$8,000.00).
• The budget will be funded by Carry Forward Funds. Income is recorded as a negative
number; expenses positive.
• Operating Expense Budget is $124,200.00 of which $93,000.00 is committed.
• Unencumbered Operating Expense funds available are $31,200.00.
2
• Engineering Funds, Line 17, of $2,000.00, and Landscape Incidentals, Line 19, of
$21,000.00, will fund design and refurbishment of the Rich King Memorial Greenway
Entryway Project .
• Transfers to 111, Line 41, is for Staff salaries.
• Purchase Orders for mulch and fertilizer have not been issued, however funds are allocated in
the budget.
• Postage expense for the annual Community Newsletter, is reflected on Line 21.
• Improvement General Funds, Line 39, are available to finance special projects or operating
expense shortages with a budget amendment approved by the Board of County
Commissioners.
• Budget Transfers from Appraiser and Tax Collector, Lines 42 and 43, are fees billed by the
appropriate entities.
• Total Available Balance is $670,200.00.
Mr. Sells will add the notation “Reimbursement for Staff Support” to the Transfers to 111, Line 41,
category.
B. IRRIGATION SYSTEM AND CONTROLLERS STATUS
The automated HydroPoint irrigation system, operating on a single isolation transformer,
is performing well. The system calculates water requirement usage for which the Road and
Maintenance Division bills monthly.
C. PRUNING RADIO ROAD
Mr. Sells reported the Bougainvillea at the entrance to Windjammer Village of Naples was pruned
by the Road and Maintenance Division to conform to the County standard for sight line visibility.
D. COMMUNITY OUTREACH PROGRAM PUBLIC OUTREACH
The “MSTU Community Outreach Plan,” outlining the efforts to provide information and solicit
input from tax paying residents, has been implemented with Homeowner Associations within the
M.S.T.U. boundaries.
The Monthly Association Meeting schedule, for October and November 2019 was distributed
and Committee members were invited to participate in the informational forums.
Members volunteered to attend meetings as follows:
• Berkshire Lakes Master Association, October 16th at 7:00 p.m. – Frank Cooper
• Maplewood Homeowner Association, October 24th at 7:00 p.m. – Frank Cooper
• Melrose Gardens HOA, November 19th at 7:00 p.m. – Maria Schoenfelder
• Countryside Master Association, November 21st at 10:00 a.m. – Mr. Sells will consult with
Dale Lewis for attendance consideration.
VII. OLD BUSINESS
A. RICH KING ENTRYWAY PROJECT
Mr. Sells reported the project status is unchanged; the Florida Power & Light (FPL) Right of Way
(ROW) Consent Agreement approval is pending.
3
VIII. NEW BUSINESS
A. BY-LAWS
Mr. Sells distributed a copy of the Radio Road Beautification Municipal Service Taxing Unit
(MSTU) Advisory Committee By-Laws for member review noting verbiage is identical to the By-
Laws ex ecuted in 2018. The following document correction was noted:
• Page 5, Approval Date: from “…These By-Laws for the Radio Road Beautification MSTU
Advisory Committee are hereby approved this _____ day of _____, 2018) …,” to … These
By-Laws for the Radio Road Beautification MSTU Advisory Committee are hereby
approved this _____ day of _____ 2019…).”
Mr. Cooper motioned to approve the “Radio Road Beautification Municipal Service
Taxing Unit (M.S.T.U.)” By-Laws as amended to record an Approval Date Year of 2019.
Second by Ms. Schoenfelder. Carried unanimously 3 – 0.
B. NOVEMBER MEETING DATE
The Committee agreed the next regularly scheduled meeting will be held in November 4, 2019 at
3:00 p.m.
The December 2019 meeting will be cancelled.
IX. COMMITTEE MEMBER COMMENTS
None
X. PUBLIC COMMENTS
Robert Hinzmann requested clarification on the permit status for the Rich King Memorial Entryway
Project commenting many residents are not supportive of the improvement.
In response to his query Mr. Sells and Committee members noted:
• A “Notification of FPL Facilities and Right of Way (ROW) Use Consent Agreement” has been
submitted to Florida Power & Li ght (FPL) for approval.
• The Agreement requires signatures by all parties, is not finalized and serves as a permit.
• The Rich King Memorial Greenway landscape beautification project is limited to the entryway.
• The Board of County Commissioners supports the beautification of the Greenway entryway and
feedback from residents has been positive.
XI. ADJOURNMENT
There being no further business to come before the Committee, the meeting was adjourned by the
Chair at 3:44 P.M.
NEXT M.S.T.U. MEETING: NOVEMBER 4, 2019
Berkshire Lakes Master Association Clubhouse
495 Belville Boulevard, Naples, FL 34105
4
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
November 4, 2019
Vendor Item PO#Budget Commitments Expenditures Total
1 CUR AD VALOREM TAX -$ -$ -$ -$
2 OVERNIGHT INTEREST -$ -$ -$ -$
3 OVERNIGHT INTEREST -$ -$ -$ -$
4 INVESTMENT INTEREST (8,000.00)$ -$ -$ (8,000.00)$
5 INTEREST TAX COLL -$ -$ -$ -$
6 REVENUE STRUCTURE (8,000.00)$ -$ -$ (8,000.00)$
7 TRANSFERS FROM PROP APP -$ -$ (68.70)$ 68.70$
8 TRANSFERS FROM TAX COLL -$ -$ -$
9 CARRY FORWARD GEN (755,600.00)$ -$ -$ (755,600.00)$
10 NEG 5% EST REV 400.00$ -$ -$ 400.00$
11 TRANSFERS & CONTRIB (755,200.00)$ -$ (68.70)$ (755,131.30)$
12 TOTAL REVENUE (763,200.00)$ -$ (68.70)$ (763,131.30)$
13 WORKERS COMPENSATION 100.00$ 3.01$ -$ 96.99$
14 PERSONAL SERVICE 100.00$ 3.01$ -$ 96.99$
15 ENGINEERING FEES 2,000.00$ -$ -$ 2,000.00$
16 INDIRECT COST 4,300.00$ 4,300.00$ -$ -$
17 LANDSCAPE INCIDENTALS Superb Landscaping Landscape Incidentals 4500199182 20,000.00$ 20,160.00$ 840.00$ (1,000.00)$
18 OTHER CONTRACTUAL Superb Landscaping Grounds Maintenance 4500199182 70,000.00$ 67,200.00$ -$ 2,800.00$
19 POST FREIGHT USPS Bulk Mail fees & postage 3,000.00$ -$ -$ 3,000.00$
20 ELECTRICITY FP&L Electricity 4700004023 1,500.00$ 942.46$ 57.54$ 500.00$
21 WATER & SEWER Collier County Water & Sewer 1,500.00$ -$ -$ 1,500.00$
22 RENT EQUIPMENT JM TODD Copier/Printer Lease (shared)300.00$ -$ -$ 300.00$
23 INSURANCE GENERAL Collier County Insurance Direct Pay 300.00$ 300.00$ -$ -$
24 SPRINKLER MAINTENANCE Florida Irrigation Supply Irrigation Parts 4500198738 5,000.00$ 1,860.54$ 139.46$ 3,000.00$
25 MULCH Forestry Resources Mulch 1,500.00$ -$ -$ 1,500.00$
26 LANDSCAPE MATERIALS 4,000.00$ -$ -$ 4,000.00$
27 LIGHTING MAINTENANCE 1,500.00$ -$ -$ 1,500.00$
28 PRINTING AND OR BINDING 4,000.00$ -$ -$ 4,000.00$
29 LEGAL ADVERTISING 400.00$ -$ -$ 400.00$
30 OTHER MISCELLANEOUS Premier Staffing Transcriptionist Services 4500198739 1,800.00$ 1,800.00$ -$ -$
31 OFFICE SUPPLIES 200.00$ -$ -$ 200.00$
32 JM TODD Monthly CPC 4500199712 300.00$ -$
33 JM TODD Copier Lease 4500199713 266.12$
34 COPYING CHARGES 300.00$ 566.12$ (266.12)$
35 FERT HERB CHEM 2,300.00$ -$ -$ 2,300.00$
36 OTHER OPERATING SUPPLIES 100.00$ -$ -$ 100.00$
37 OTHER TRAINING 200.00$ -$ -$ 200.00$
38 OPERATING EXPENSE 124,200.00$ 97,129.12$ 1,037.00$ 26,033.88$
39 IMPROVEMENTS GENERAL 100,000.00$ -$ -$ 100,000.00$
40 CAPITAL OUTLAY 100,000.00$ -$ -$ 100,000.00$
41 Staff Support 38,300.00$ -$ -$ 38,300.00$
42 Budget Trans from Appraiser 2,300.00$ -$ 276.67$ 2,023.33$
43 Budget Trans from Tax Collector 3,300.00$ -$ -$ 3,300.00$
44 TRANSFERS 43,900.00$ -$ 276.67$ 43,623.33$
45 RESERVE FOR CAPITAL 495,000.00$ -$ -$ 495,000.00$
46 RESERVES 495,000.00$ -$ -$ 495,000.00$
47 TOTAL BUDGET 763,200.00$ 97,132.13$ 1,313.67$ 664,754.20$
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 664,754.20$
967,155,849 FY 14 Final Taxable Value Plus Commited And Not Spent 97,129.12$
996,994,678 FY 15 Final Taxable Value Estimated Cash 761,883.32$
1,066,174,009 FY 16 July Taxable Value
1,145,697,249 FY 17 July Taxable Value 761,883.32$
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 130,435Rolled Back Rate (less Amend.
One)0.0964
Estimated Cash Less
Uncollected Ad Valorem Taxes
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
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
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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.
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
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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
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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 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
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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
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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
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EXHIBIT "A"
Form 3740GROW Rev. 07/31/12
Paqe 8 of 11
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1*.1411100I Will
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
36.A.3Packet Pg. 1054Attachment: Radio Road MSTU By Laws - Signed (11002 : Radio Road Beautification MSTU - November 4, 2019)
36.A.3Packet Pg. 1055Attachment: Radio Road MSTU By Laws - Signed (11002 : Radio Road Beautification MSTU - November 4, 2019)
36.A.3Packet Pg. 1056Attachment: Radio Road MSTU By Laws - Signed (11002 : Radio Road Beautification MSTU - November 4, 2019)
36.A.3Packet Pg. 1057Attachment: Radio Road MSTU By Laws - Signed (11002 : Radio Road Beautification MSTU - November 4, 2019)
36.A.3Packet Pg. 1058Attachment: Radio Road MSTU By Laws - Signed (11002 : Radio Road Beautification MSTU - November 4, 2019)