FPL ROW Consent Agreement
This Instrument Prepared By:
Mark Byers CRE/AOW
Florida Power & Light Company
P.O. BOX 1119
Sarasota, FL 34230
Line No: 100 Parcel No: 209A
Line Name: Collier-Rattlesnake Radial 138kv
Structure No.: 297M4
Section, Township, Range: 11-51-26
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, whose
mailing address is 3335 Tamiami Trail East, Suite 10 I, Naples, Florida 34112-5356, hereinafter referred to
as "Licensee", using an area within Company's right-of:way granted by that certain agreement recorded in
OR Book 1324, at 2293, 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 an eight (8 )inch water main crossing with above ground markers 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:
I. 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 perrnits 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 notity 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
f-:~rm '1U Hev. .c.:/'~/c;~
Page 1 of 5
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 terrn 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 indemnity and hold hannless 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 (I)
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 a!,'fees that certain uses of the Lands are
r",)nn Ti~:; R'O'v. 10/:)/<;.1:,
Page 2 of 5
specifically prohibited; such uses include but are not limited to recreational purposes, hunting and camping,
and Licensee agrees to notity its employees, agents, contractors, and invitees accordingly.
10. The use of the Lands by Lieensee 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 ofthe Lands for its purposes.
II. 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 indemnity and save harrnless Company,
its parent, subsidiaries, affiliates, and their respective ot1icers, 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 effeet until completion of Licensee's use of the Lands pursuant to this Agreement,
unless earlier terrninated 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 perrnitted hereunder.
Under construction does not include application for or obtaining a building perrnit, 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 perrnitted) 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 (I) year period for the project to be under
construction.
foe:::, 3740 Fe'J - :;/<</9'-)
Page 3 of 5
16. The terrn "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 deterrnined 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 ofthis 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 ~~~ day of fvto.r-d, ,2011.
By:
Its: West Area Real Estate
;r COMPANY
Print Name: k;d !4-eiS(r
\ 1 \,
Y'-l ,A~ V Ln.: \.
Print Name: Mark L. Byers
Signature:
Print Name:
(<-cst:.: Mitit.IC i\/w'lrlc..
(Acknowledgements Continued on Next Page)
F'llIn ~';7,1() kr'" ~U/lI/0:)
Page 4 of 5
Approved and accepted for and behalf of Collier County, Florida, this~day of~, 2011.
(Official Seal)
ATTEST:
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A(,:t'$t a~'~'9.~~O~rk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.-1 A j i' 1\
BY: ~~~~~_ CY~Xs.
FRED W. COYLE, Ch '. an
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
BY ~ \?;,''>G \v~
Jennifer B. ite, Assistant County Attomey
Form 3740 Rev. 10/9/95
Page 5 of 5
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