Resolution 1993-073
RESOLUTION NO, 93. ~
FEBRUARY 23, 1993
RESOUJTION' AUTHORIZING TIfE CHAIRMAN OF TIU: BOARD OF COUNTY COMMISSIONERS TO
EXECUTr. ^ RIGHT OF !,JAY I.lCf.NSE ACREF'.MENT \.1ITII Till': 1..f.E COUt/TY ELECTRIC
COOPERATIVE, INC. FOR TIlE PURPOSE OF CONSTRUCTING ^ SE\JER FORCE MAIN !,J}!ICH \.1IlL
SERVICr. THE IMMOKALEE STOCKADE.
\lHEREAS, the 1lll1Dokalee Stockade currently has a self -contained sew-age
packaging plant that needs to be replaced. The Facilities Management
Department informed tne Board of County Commissioners that the Immokalee
Stocka~.e could take advantage of a permanent hOOK.Up to a recently ins called
existing treatment plant located on Mary lJatts Billie Drive on the Seminole
Indian Reservation. On September 18, 1990, Agenda ltem 14(E)(1), the Board of
County Commissioners authorized the firm of Consoer, Townsend &. Associates to
perform the engineering and design of a sever system for the Immokalee
Stockade. The construction plans for a gravity se'Jcr line, lift station and
force ~in have been completed by the engineering firm.
.
'-...
lo"HEREAS, on November 14, 1991, a joint meeting ....as held ....ith
repres~ntatives from the Seminole Tribe of Florida and the Lee County Electric
CooperLtive, Tnc. Tt was determined that a Right of Way License Agreement
W'ould be required in order for Collier County to construct the sewer force main
across the Seminole Tribe of Florida property and that area encumbered by the
Lee County Electric Cooperative, Inc. easement to the existing lift station.
Said Right of Way License Agreement vas prepared and revie....ed by the attorney
repres~nting Lee County Electric Cooperative, Tnc., the Collier County
Facilities Management Department, the Real Property Management Department and
the Office of the Collier County Attorney.
WHEREAS. the Board of Couney Commissioners approved and executed the
above-referenced Right of Yay License Agreement on June 16, 1992, Agenda Item
l6.E.(3), which conveyed a license effective through January 31, 1993 to
Collier County to construct the se....er force main across the property owned by
the Seminole Tribe of Florida and the area encumbered by the Lee County
Electric Cooperative, Inc. easement. Construction of the se....er force main has
not begun because Collier County, the Seminole Tribe of Florida and the
Immokalee Yater and Se....er District have not completed negotiations to allo.... the
cOOBtruction to proceed by Collier County of the se....er force main on the
Seminole Tribe of Florida property. Therefore, a Right of Way License
Agreement has been prepared to reflect a construction termination date of
Decemb~r 31, 1993, .s shown on Exhibit ~A.~
WHEREAS, Collier County, the Seminole Tribe of Florida and the Immokalee
\later nnd Sewer District are continuing negotiations, intend to complete the
necessary documentation for the construction of the sewer force main across the
property owned by the Seminole Tribe of Florida and submit such documentation
for approval to the Board of County Commissioners in the first quarter of 1993.
NCW, TIiEREFORE, BE IT RESOLVED BY THE BOARD OF CaUNTI' COMMISSIONERS OF
COLLIEF COUNTY, FLORIDA, that:
1. The Board of County Commissioners does hereby authorize the Chairman of the
Board of County COllUllissioners to execute a Right of Way License Agreement
effective through December 31, 1993 between Collier County and Lee County
Electric Cooperative, Inc. for the purpose of constructing a sewer force main.
This Resolution adopted after motion, second and majority vote.
DATE:. ,'2~;;J1'
7 {';;
.ATTEST: ' .;__
~::~' ~CHT E. BROCK,--:CJ.er
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A pr~~~fd U-.1=oo' form and
legal sufficiency:
f-1^ nL. ' ;I-A 'If, "--
Heidi F. Asffi'to~ I
Assistant County Attorney
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BOARD OF COUNTY COMMISSIONERS
COLLlI~ft"O~NjJ FIjiJ,I DA
BY:~
'BURT L.~, Chairman
erk
lOa!
aGO "'" 215
EXIlIOIT "^"
FEBRUARY 23, 1993
RIGHT-or.YAY LIGENSE AGREEMENT
THIS AGREEMENT made thI. day of 1993, by and bet....een
LEE COUNTY ELECTRIC COOPERATIVE:""INC., a Florida nat-- for-profit corporation
P.O. Box 3455 North Fort Hyers, Florida 33918-3455, ~ereinafter referred to as
Licensor, and COLLIER COUNTY, . political &ubdivision of the State of Florida,
3301 1amlami Tran East, BuUding "F", Naples, Florida 33962, he :'"einafter
referred to .s Licensee.
In eonsideration of Licensor's consent and the mutual benefits derived
here fr?t11 , for Ten Dollars ($10.00) and other good and valuable consideration
paid to Licensor, the receipt and adequacy of which are hereby acknowledged,
the parties agree as fo110....s:
1. Licensor grants to Licensee the right to enter upon the real property
within the Licensor's right-oC-way, hereinafter referred to as "lands," granted
by the certain Agreement recorded in O.R. Book 13 Page 409 of the Public
Record~ oC Collier County, Florida. The use of the lands by the Licensee shall
be sololy Cor the purpose of constructing a sewer force IDain. as shown on plans
and spp.cifications, attached hereto as Exhibit "A", submitted by Licensee. The
licenso is personal to Lieensee and may not be Assigned or con~eyed.
2,
rights.
hnd i!l
As a condition precedent, Licensee agrees to obtain all necessary
consents and permissions from the owners of the land in the event the
not owned by the Licensee or Licensor.
3. Licensee understands and agrees that the use of the lands pursuant to
this Agreement is subordinate and inferior to the rights and interest of
Licensor in and to thll!! lands and agrees to notify its employees, agents, and
contractors accordingly. Licensor specifically reserves the right to maintain
its facilities located on the lends; to make improvements; add additional
facilities; maintain, construct or alter roads; maintain any facilities,
devicet, or improvements on the lands which aid in or are necessary to
Licens0r's business or operations; and the right to enter Upon the lands at all
tides :or such purposes. Licensee understands that in the exercise of such
rights and interest, Licensor 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 \lhich interfere with or prevent Licensor, in its sole opinion and
discretion, froll 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 ten days of
receiving notices frod Licensor to do 80. Such relocation, alteration, or
removal \lill b. m.de at the sole costs and expense of Licensee and at no cost
And expense to Licensor; provided hO\lever, should Licensee, for any reason,
fail to make such relocation, alteration or removal, Licensor 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
improve~ent. and Licensee hereby agrees to reimburse Licensor for all its costs
and expense incurred in connection therewith upon demand.
4. Licensee agrees that it \li11 not use the lands in any manner \lhich, in
the opinion of Licensor, may tend to interfere with Licensor's use of the lands
or may tend to cause a hazardous condition to exist. Licensee agrees that in
the event it should create a hazardous condition or situation which restricts,
impairs, interferes \lith, or hinders the use of the la~ds by Licensor or the
eXercis~ by Licensor of any of its rights, then upon notification by Licensor,
License~ shall, \lithin seventy-two (72) hours, at its sole cost and expense,
correct such condition or situation; provided however that the Licensor retains
the rigbt to enter upon the lands and correct any such condition or situation
at any time and, by its execution hereof, Licensee hereby agrees to reimburse
Licenso~ for all of its costs and expense incurred in connection therewith upon
demand.
5. Licensee hereby agrees and covenants to prohibit its agents.
employef!s, and contractors froll. using any tools, equipment, or machinery on the
lands cilpable of extending greater than fifteen (15) feet above existing grade
and further agrees that no dynalllite or other explosives shall be used within
IOO( OUll ,,,,[216
FEBRUARY 23, 1993
the lands and that no alteration of the existing terrain, including the use of
the land. by Lic.one u provided herein, shall b. made which \1111 result In
preventing Liceo.er ace... to its facilities located wIthin said lands. Unle..
othervise provided herein, Licensee agrees to maintain a forty (40) foot ",ide
.etback, tventy (20) feet on each side, from Licensor's facilities.
6. Except for the construction to he undertaken pursuant to this
Agreelllent, no portion of the lands shall be excava.ted, altered, obstructed,
improved, surfaced or paved without the prior vrltten consent of the Licensor,
or its successors or assigns, and that no building, well, irrigation systel:ll,
drainage syatell, structure, obstruction or improvement (including any
improvements for recreational activities) shall be located, constructed,
..intained, or operated over, under, Upon, or across the lands upon the
lice~es granted.
7. 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 Licensor within the lands are of high voltage electricity
and agrees to u~. all safety and precautionary measures when working under or
near Licensor's facilities.
8. Licensee agrees, at all times, to maintain and keep the lands clean
and free of debri.. Licensee further understands and agrees that certain uses
of the lands are specifically prohibited; such uses include but are not li~ited
to recreational purposes, hunting and camping, and Licensee agrees to notify
ita employees, agents, contractors, and invitees accordingly.
9. The use of the lands by Licensee shall he at the sole risk and expense
of Licensee, and Licensor h specifically re lleved of any responBibill ty for
damage or Iou to Licensee resulting from Licensor's UBe of the lands for its
purpose s,
10. Notvithstanding any provision Contained herein, Licensee agrees to
reimburJe Lieensor for all costs and expense for any damage to Licensor's
facilities resulting from Licensee's use of the lands and agrees that if, in
the opinion of the Licensor, it becomes necessary as a result of Licensee's use
of the lands for Licensor to relocate, rearrange or change any of its
facilities, to prottptly reimburse Licensor for all costs and expense involved
with such relocation, rearrangement or change.
11. Licensee agrees it will exercise ies privileges hereunder ae its own
sole risk and agrees to indemnify and save harmless Licensor, its parent,
.ubaidinries, affiliates, and their respective officers, directors, agents and
ettployep.s, froDl all liability, loss, cost, and expense, including attorneys'
fees, which may be sustained by Licensor to any person, natural or artificial,
by reason of ehe death of or injury to any person or damage to any property
whether or not due to or caused by the negligence of Licensor, arising out of
or in connection with the herein described purposes by Licensee, its
contractor., agent. or employee.; and Licensee agrees to defend at its sole
cost and eY-pens. and at no cost and expense to Licensor any and all suits or
action instituted againat Licensor, for the imposition of such liability, loss,
coat and expense.
12. Licensee shall, during the period of this Agreement, maintain at its
sole expense a liability policy with minimum limits of $1,000,000.00 for bodily
injury or death of person(s) and $300,000.00 for property damage, arising out of
a single occurrence. Said policy shall be endorsed to insure against
obligations assumed by Licensee in the indemnity (Paragraph 11). A certificate
of insurance .hall be furnished to Licensor evidencing that sdd policy of
insurance is in force and will not be cancelled or materially changed so as to
affect the interests of Licensor until ten days' wr'tten notice has been
furnished to Licensor. Upon request, copies of policies will be furnished to
Licensor. Licensee understand. and agrees that the use of the lands for the
purposes described herein is expressly contingent upon acceptance and
compliance with the provisions contained herein.
13. This Agreement will become effective Upon execution by Licensor and
Licensee and will remain in full force and effect until completion of
Licensee's use of the lands on or before December 31, 1993 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
.2.
lOOK 000 PIGl 217
t.h. completion of conlt.ruction,
Agreement or limilar instrument
political subdivision of the
maintenance purposel.
FEBRUARY 23, 1993
Licenlor shall convl!Y a Right-of-Way License
to the IlDlllokalee Water and Sever District, a
State of Florida, for ingreu.egress and
14. Should any provision of this Agreeml!nt be detendnl!d by a court of
competent jurisdiction illegal or in conflict ",ith any applicable 1a"" the
validity of the remaining provhion. Ihall not be impaiud. In the event of
any litigation arising out of enforcement of this License Agreement, the
prevailing party in such litigation shall be entitled to recovl!ry of all costs,
including rl!aaonab1e attorneys' fees.
15. This Agrel!ment is governed and construed in accordance ...,ith the 1a...,s
of the State of Florida.
Signed, sealed, and dl!livl!red by Licl!nsee this _ d.ay of
1993,
ATTEST:
~CHT E. BROCK, Clerk
BY:
Deputy Clerk
Approved .1 to form and
1eg.1 lufficiency:
It 1. 'J -A$?"-
Hefdi f ~Aahton
Aasistan~ County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOR1DA
BY:
Chairman
Signed, ualed, and delivered by Licensor this _ day of
1993,
f ::!Iv0zi:~
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CTRIC COOPERATIVE, INS-_.
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(Corporate c:tlJ
Attest:
IOO! 000 Pl~[ 218
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tsIIm.....
Exhibit "A"
Page 1 of 7
FEBRUARY 23, 1993
RQI.TII
"SEMINOLE INDIAN RESERVATION"
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BILLIE
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lS'--Y I +-
~ Centerline
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~~vater valves
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Speed sign
Overhead Electric Transmission Linea
O,8,B, 13'4p. 409 (5, 100') Sign
~ Asphalt Pavement
EAST,
1014.65'
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C STOCKADE
ROAD
Section Line
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LEGAL DlSCI.IPTlOR: (for proposed Sanitary Sever Porce Main) An Easement
Over, along, across and under a strip of land 15 feet vide, ly1ng 7.5 feet on
each aide of the fol1o~ng described centerline to-vit:
Co-=enclng at the Southveat corner of Section 10. Tovnshlp 41 South, Range 29
East, Collier County, Florida, run EAST, along the Section Line, for 1014.65
feet to the POINT OF BECINNING;
thence NORTH for 72 feet;
thence N. 22- 30' W. for 55 feet to the Point of Termination.
Side lines to intersect at angle points.
Said lands contain 1905 square feet. SUBJECT to all restrictions of record.
Bearings used herein refer to the south line of said Section 10 as being EAST
a. based on an assumed meridian.
4175 Brokl'l Back Road
Naples, FL 33999
Revised 6/3/91 Tel. (813) 455-3615
Revised title on June 2, 1992
THIS IS NOT A SURVEY
MAP SHOWING
DEDICA TION OF EASEMENT
IDOl GOO PA" 219
CONSOER, TOVrNSENO I< A~SOCIA TES, INC.
EXHIBIT
EASH'T.
SCALE
1"
'In'
OArr: 2/19/91
P ARCE'l NO.
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