Resolution 1994-220
RESOLUTION NO. 94- ~
APIlIL 5, 1994
RESOWTION AUTHORIZIIIG THE CHAIRMAN Of THE BOARD
OF COUNTY COMMISSIONERS TO EXECUTE A FIRST
AMENDMENT TO RIGHT OF WAY LICENSE AGREEMENT WITH
THE LEE COUNTY ELECTRIC COOPERATIVE, INC. FOR THE
PURPOSE OF CONSTRUCTING A SEWER FORCE MAIN WHICH
WILL SERVICE THE IMMOKALEE STOCKADE.
WHEREAS, the Board ot County Commissioners approved and
executed the Right ot Way License Agreement between Collier
County and the Lee County Electric Cooperative, Inc. on
February 23, 1993, which conveyed a license effective
through December 31, 1993 to Collier County to construct a
sewer torce main for the lDUDokalee Stockade across the
property owned by the Seminole Tribe of Florida and the
area encumbered by a Lee County Electric Cooperative, Inc.
easement;
WHEREAS, construction ot the sewer force main for the
Immokalee Stockade will begin when all documentation
r- concerning the project has been completed and executed by
the appropriate parties; and
WHEREAS, an amendment to Right of Way License Agreement
has been prepared to re!1ect a construction termination
date ot January 31, 1995, as shown on Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board ot County Commissioners does hereby authorize
the Chairman ot the Board of County Commissioners to
execute a First Amendment to Right of Way License Agreement
ettective through January 31, 1995 between Collier County
and Lee County Electric Cooperative, Inc. for the purpose
ot constructing a sewer torce main which will service the
Immokalee Stockade.
This Resolution adopted after motion,
majority vote.
second and
" DAd:'; *,/~y?
ATTEST: . -' :c.j2
DWIGHT E. BROCK, Clerk
~~. BY~~ -~.~
'/ /T
"
\.
. i""
Approved as to torm and
legal eutticiency:
J?Jr rL f ~,L-
He d F .v Ashton
Asai.tant County Attorney
aOOK oeo PI'" 189
EXIIIIIlT "A"
r,,~c I of 2
FIRST AMENDMENT TO RIGHT OF WAY LICENSE AGREEMENT
APIlIL 5, 1994
THIS FIRST AMENDMENT TO RIGHT OF WAY LICENSE AGREEMENT
entered into this _ day of , 1994, by and
between LEE COUNTY ELECTRIC COOPERATIVE, INC., a Florida
not-tor-profit corporation, P. O. Box 3455, North Fort Myers,
Florida 33918-3455, hereinafter referred to as Licensor, and
COLLIER COUNTY, a political su~division of the State of
Florida, 3301 Tamiami Trail East, Building "F", Naples, Florida
33962, hereinafter referred to as Licensee.
WIT N E 8 8 E T H:
WHEREAS, the
entered into a Right
23, 1993, hereinafter
Licensor and Licensee have previously
of Way License Agreement, dated February
referred to as "Agreement";
WHEREAS, the Licensor and Licensee have complied with
all term. and conditions of the Agreement; and
WHEREAS, the Licensor and Licensee are desirous of
amending the Agreement.
NOW, THEREFORE, in consideration of the covenants and
premises contained herein and other valuable consideration, the
said Agreement is hereby amended as follows:
1. Section 13. of the Agreement is hereby deleted
entirety and the following provision is substituted
place:
in its
in its
"13. This Agreement became effective on February 23,
1993 and will remain in full force and effect until completion
of Licensee'. use ot the lands on or betore January 31, 1995
pursuant to this Agreement, unless earlier terminated upon 30
days' written notice by Licensor to Licensee, or at the option
of Licensor, immediately upon Licensee failing to comply with
or to abide by any or all of the provisions contained herein.
Upon the completion of construction, Licensor shall convey a
Right of Way License Agreement or similar instrument to the
Immokalee Water and Sewer District, a political subdivision of
the state ot Florida, for ingress-egress and maintenance
purposes."
2. Except as expre.sly provided herein, the said Agreement
between Licensor and Licensee remains in full force and effect
according to the teI1lls and conditions contained therein, and
said terms and conditions are applicable hereto.
Licensee have
of Way License
IN WITNESS WHEREOF, the Licensor and
hereunto executed this First Amendment to Right
Agreement the day and year first above written.
Signed, sealed and delivered by Licensee this
, 1994.
of
ATrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
BY:
TIMOTHY J. CONSTANTINE, Chairman
Deputy Clerk
Approved as to form and
legal .ufficiency:
A""~V
~ ,',-i
,. .. 'co'; ;1
~., :', ~
Heidi F. Ashton OCO ,,190
Assistant County AttorneylllOl( Pl..
.~__,_ _M'_"."'4"__.'~~' _"~"~.""_~~"_"'"'"',-">",,,,',,,,,",,,,.__,_,,"___" ,.,-'".,~ ,'~'.,~-'..-'--
rage 2 of 2
Amendment to Right of Way License Agreement
Page Two
APJ.IL 5, 1994
Signed, sealed and delivered by Licensor this _ day of
, 1994.
lfITMESSES :
LEE COUNTY ELECTRIC COOPERATIVE,
INC.
BY:
Attest:
aoOK ()(D mE 191
(Corporate Seal)
C"DY
. \.), .