City Gate ROW Consent Agreement
This Instrument Prepared By:
Mark Byers CRE/AOW
Florida Power & Light Company
P.O. BOX 1119
Sarasota, FL 34230
Line No: lOD-178, 197, 198
Line Name: Collier-Rattlesnake 138kv
Structure No.: 292M8, 293Ml, 288M5
Section, Township, Range: 35-49-26; 23-50-26
RIGHT-OF-WAY CONSENT AGREEMENT
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 Collier County, a political subdivision of the State of Florida" as the
Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-
Sewer District, whose mailing address is 3335 TamiamiTrailEast, Suite 101, Naples, Florida 34112-5356,
hereinafter referred to as "Licensee", using an area within Company's right-of-way granted by those certain
agreements recorded in OR Book 692, Page 774, and OR Book 681, Page 1210 of the Public Records of
Collier County, Florida. The said area within Company's right-of-way, hereinafter referred to as "Lands".
The use of the Lands by Licensee, shall be solely for the purpose of installation, operation and maintenance
of a underground water distribution line within an overlapping easement as submitted by Licensee, attached
hereto 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 thirty (30) 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
Form 3740 Rev. 10/9/95
Page 1 of 5
f
. "
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 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 forty (40) foot wide setback,
twenty (20) feet on each side, from Company's facilities.
5. Trees, shrubs, and other foliage planted or to be planted upon the Lands by Licensee are not
to exceed, at maturity, a height of fourteen (14) feet above existing grade. Licensee hereby agrees to
maintain the height of all vegetation on the Lands at a height not to exceed fourteen (14) feet above existing
grade.
6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a
height offourteen (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.
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
Form 3740 Rev. 10/9/95
Page 2 of 5
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. To the extent provided for in section 768.28, Florida Statutes, Licensee agrees it will
exercise its privileges hereunder at its own sole risk and agrees to indemnify and save harmless Company,
its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees (hereinafter
referred to as 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 except those due to or caused by the negligence of FPL Entities, arising
out of or in connection with the herein described purposes by Licensee, its contractors, agents, or
employees; and Licensee agrees 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 is self insured for all liability claims and related expenses pursuant to the
provisions of Section 111.072 and 768.28, Florida Statutes. .
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 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 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 two (2) months
or more. Licensee acknowledges that failure to have the use under construction within the one (1) 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 one (1) year period for the project to be under
construction.
Form 3740 Rev. 10/9/95
Page 3 of 5
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 subject
to the limitations of liability established in Section 768.28, Florida Statutes.
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.
The parties have executed this Agreement this ~rJ.. day of .::J'~,."", , 20 II.
COMPANY
By:
Its: West Area Real Estate
M~t. .. e::i1:hjb~5~
v.. '-?
Si ature: ~ 'd t4 .
Pnnt Name: , ~.J' er
Print Name: Mark L. Byers
(Acknowledgements Continued on Next Page)
Form 3740 Rev. 10/9/95
Page 4 of 5
Approved and accepted for and on behalf of Collier County, Florida, this F'th day of ,ItA A'tte r-r , 20 J.l.
(
eputy Clerk
,~
.\\,\UHHII"i
BOARD OF COUNTY COMMIS~1ts!lIS Iltlll,
COLLIERCOUNTy,FL()RIDS"~l.rQt..' "",' "'-,
GOVERNING BODY AND A~-.O~~ '" .
THE GOVERNING BODY o~t ~~LIElt ," ..,~. :~
COUNTYWATER-SEWERJ3~~Iqr".;. ." '; ", ~
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BY: '/ " . .. . . \' ',. '\.';:-....
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Fred W. Coyle, Chairman liii} '\.\\\\\
1t1lUl\ .
ATTEST:
Dwight E. Brock,CL.EIY<
Approved as to form
and legal sufficiency:
BY: "/~ ~
Robert N. ry,
Assistant County Attorney
Form 3740 Rev. 10/9/95
Page 5 of5
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EXHIBIT A
Page 2- of 3
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15 FOOT WIDE COUNTY UTIUTY EASEMENT (C.U.E.)
OVER THE EXISTING 170 FOOT WIDE FLORIDA
POWER AND LIGHT COMPANY EASEMENT
WITHIN THE LANDS OF COLUER HMA, INC. AS DESCRIBED
IN OFFICIAL RECORD BOOK 3241, PAGE 3460-3461
IN THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA
IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 23,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA; THENCE NORTH 89 DEGREES,
04 MINUTES, 19 SECONDS EAST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER, THE
DISTANCE OF 1328.58 FEET TO THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN OFFICIAL
RECORDS BOOK 4392, PAGE 1403 OF THE PUBLIC RECORDS OF COLLIER COUNTY ALSO BEING THE
EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER, AND THE EAST LINE OF A 170 FOOT
WIDE FLORIDA POWER AND LIGHT (F.P.L.) COMPANY EASEMENT AS DESCRIBED IN OFFICIAL
RECORD BOOK 692, PAGE 774 ALSO BEING THE POINT OF BEGINNING OF A PARCEL OF LANDS AS
DESCRIBED IN OFFICIAL RECORD BOOK 3241, PAGE 3460, LANDS NOW OR FORMERLY LAND OF
"COLLIER HMA, INC"; THENCE LEAVING THE SAID SOUTH LINE OF THE NORTHWEST QUARTER, AND
ALONG THE LINE OF THE LANDS LAST MENTIONED, NORTH 01 DEGREES, 03 MINUTES, 36 SECONDS
EAST, THE DISTANCE OF 562.27 FEET TO A POINT, A CORNER OF THE SAME; THENCE LEAVING THE
SAID LINE AND EXTENDING OVER THE F.P.L. COMPANY EASEMENT, NORTH 88 DEGREES, 56
MINUTES, 23 SECONDS WEST STILL ALONG THE LANDS NOW OR FORMERLY "COLLIER HMA, INC",
THE DISTANCE OF 155.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED 15 FOOT
WIDE COUNTY UTILITY EASEMENT; THENCE
FROM SAID POINT OF BEGINNING AND CONTINUING ALONG THE LAST MENTIONED LANDS, NORTH
88 DEGREES, 56 MINUTES, 23 SECONDS WEST, THE DISTANCE OF 15.00 FEET TO THE WESTERLY
LINE OF THE AFOREMENTIONED F.P.L. COMPANY EASEMENT; THENCE EXTENDING ALONG THE
SAME, NORTH 01 DEGREES, 03 MINUTES, 36 SECONDS EAST, THE DISTANCE OF 1063.53 FEET TO
THE NORTH LINE OF THE PREVIOUSLY MENTIONED LANDS OF "COLLIER HMA, INC." ALSO BEING
THE SOUTH LINE OF LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 4531, PAGE 2872; THENCE
ALONG THE SAID LINE, NORTH 89 DEGREES, 04 MINUTES, 19 SECONDS EAST, THE DISTANCE OF
15.01; THENCE EXTENDING OVER THE SAID F.P.L. COMPANY EASEMENT, SOUTH 01 DEGREES, 03
MINUTES, 36 SECONDS WEST THE DISTANCE OF 1064.05 FEET TO THE POINT AND PLACE OF
BEGINNING.
BEING A 15 FOOT WIDE COUNTY UTILITY EASEMENT LYING OVER AND UPON AN EXISTING 170 FOOT
WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT ALL WITHIN THE LANDS AS DESCRIBED IN
THE OFFICIAL RECORD BOOK 3241, PAGE 3460 OF THE PUBLIC RECORDS OF COLLIER COUNTY.
THE BEARINGS ARE BASE ON THE DEED DESCRIPTION.CONTAINED IN OFFICIAL RECORD BOOK
3241, PAGE 3460.
CONTAINING: 15957 SQUARE FEET OR 0.3663 ACRES OF LAND.
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COLLIER COUNTY
Engineering Service Dept. Growth Management Division
Planning and Regulation
2800 North Horseshoe Drive, Naples Florida 34104
Phone: 239-252-6885 Fax 239-252-6476
Date: Project No: File No: SCALE:
10-16-2010
201067
COLLHMA NONE
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1328.58 '
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SOUTH LINE OF THE NORTHWEST 1/4, SEC. 23, lWP. 50S, RGE 26E