Carica Water Plant Right-of-Way Consent Agmt This Instrument Prepared By: INSTR 4893820 OR 4968 PG 420
Florida Power&Light Company RECORDED 9/24/2013 8:03 AM PAGES 3
P.O.BOX 14000 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
Juno Beach,FL 33408 COLLIER COUNTY FLORIDA
Folio No.00238681107 REC$27.00
MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT
THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this
day of September, 2013, by and between BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-
OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose
mailing address is 3299 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as "Licensee"),
and 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").
WITNESSETH:
WHEREAS, on the day of September, 2013, Company and Licensee entered into a
written Right-of-Way Consent Agreement (hereinafter referred to as the "Agreement") related to
certain property situated in the County of Collier, State of Florida as more particularly set forth in said
Agreement and described in Exhibit "A" attached hereto and made a part hereof and hereinafter
referred to as the"Lands",and
WHEREAS, the parties are desirous of placing their interest therein as a matter of public
record.
NOW THEREFORE, in consideration of the mutual covenants herein contained and the
parties intending to be legally bound thereby,the parties hereto agree as follows:
1. The property described in Exhibit"A" is subject to a right-of-way in favor of
Company recorded in O.R.Book 30,Page 27 of the Public Records of Collier County,Florida.
2. The Agreement provides, among other things, Licensee's right to construct certain
improvements upon the Lands including, but not limited to,the purpose of a waste water pipe crossing,
subject to certain conditions and restrictions.
3. Licensee may assign its rights and obligations under this Agreement to a solvent party
upon written consent of the Company, provided that said party assumes the obligations under the
Agreement and specifically acknowledges and agrees that the use of the property and improvements to
be placed on the property are strictly limited to those depicted on a certain plan of improvement and
are otherwise subject to the terms of the Agreement.
ACA
IN WITNESS WHEREOF,the parties have executed this Memorandum of Agreement on the
date hereinabove written.
Witnesses; FLORIDA PO R&&LI T COMPANY
By:
Signature: ,�� A / Its:Area Real Estate M r
Print Name:f<�(�S C (v1 A6--( (1- (JaA _ Print Name: Mark L.Byers
Signature:
Print Nam ) " 4'A?-'22
State of Florida )
)ss:
County of )
On this j'7 day of < -f±A , 2013, before me, the undersigned Notary
Public, personally appeared Mark L. Byers, Area Real Estate Manager of Florida Power & Light
Company, a Florida corporation, personally known to me to be the person who subscribed to the
foregoing instrument and acknowledged that he executed the same on behalf of said corporation and
that he was duly authorized to do so.
In Witness Whereof, I hereunto set my hand and of ic'al se .
(seal)
NOTARY PUBLIC, STATE OF FLORIDA
Print Name: M r t OJ 0✓kic_-
Commission No.: j C33 o2..,
My Commission Ex•ire • PI�____
a .':. ROSE MARIE NOVAK
~
MY COMMISSION#EE 030265
EXPIRES:December 6,2014
AS TO LICENSEE: •< 4 Bonded Thru Notary Public Undenanters
Al IEV2;aD BOARD OF COUNTY COMMISSIONERS
• • 's COLLIER C UNTY,F ORIDA
'bWIGHT E. ,Clerk
BY: •w maws BY: k
Attest as.to.Gha1ran's D #0,erk GEO ' IA • .HILLER,ESQ.,Chairwoman
signature**''
APPROVED AS TO FORM AND LEGALITY
BY:
Print: Sg t■ a>> . . Q L P D aso
Assistant County Attorney
Memorandum of Right-of Way Consent Agreement Form
Rev.03.09.2012
LEGAL DESCRIPTION:
PARCEL ONE:
Commence at ths' Ntirtheast corner ' ction 3, Township 49
South, Range 25 Eas"t, ;Cpllie County, Floor$a; thence south 89
degrees 28 minutes/ 30 sees .west°" along`4thE\ North line of said
Section 3, 50.0 fSet ,-t n '�;so' + - ee°s 28 minutes 30
seconds west, 200;.0 e t\'Ifor�a"� l e\ b giEning; thence south
89 degrees 28 min tte; 00,6 •n• ests $41i,48 feet to Florida
Power and Light E s t%'l`i.,- , ce alo &; aid line south 6
degrees 46 minutes= 6, seconds west', 344.6,�� eet; thence south 80
degrees 39 minutes? seconds east- d4.st e of 559.61 feet to a
point on a curve cok/ 'Vre to the north {Qtt; tthence along the arc
of said curve 435.68°,,,f said curve Wing a radius of 2315.48
feet, a delta of 10 degree 46....,min 010\51 seconds and a chord of
435.04 feet bearing north..91YM gii e =,5'7 minutes 05 seconds east
to a point of tangency; thenb'e`-nisrth 01 degrees 26 minutes 20
seconds west a distance of 3.99 feet to the point of beginning.
Said parcel containing 5.0 acres more or less.
PARCEL TWO:
A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH
8910'32" WEST ALONG THE NORTH LINE OF SAID SECTION 3, A DISTANCE
OF 791.36 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH
07'08'12" WEST, A DISTANCE OF 301.23 FEET; THENCE RUN SOUTH
89'52'12" WEST, A DISTANCE OF 75.24 FEET; THENCE RUN NORTH 0617'57"
EAST, A DISTANCE OF 31.82 FEET; THENCE RUN NORTH 0717'57" EAST, A
DISTANCE OF 269.64 FEET TO Aft..4 i...° ECTION WITH SAID NORTH LINE OF
SECTION 3; THENCE RUN NOR 1i' A
:, ' v,ALONG SAID NORTH LINE,
A DISTANCE OF 73.17 FEE, ` T�' SAID F O1 G
@,BEGINNIN
CONTAINING 0.51 ACRES' OFf'LAND,MµQR.E 0R_LESS, \
EXH I B IT._. __
Page_-of --1---
tCA
Structure No.: 86M4,86M5
Section,Township,Range: 3-49-25
Easement No.: 2J-1
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, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 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 Book 30, at Page 27, Public
Records of Collier County, Florida. The said area within Company's right-of-way, hereinafter referred to as
"Lands", is more particularly described on Exhibit "A" attached hereto. The use of the Lands by Licensee
shall be solely for the purpose of a waste water pipe crossing as shown on the plans and specifications
submitted by Licensee,attached hereto as Exhibit "B".
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 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.
Form 3740GROW Rev. 07/31/12
Page 1 of 7
(2)
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 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 fmger 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.
Form 3740GROW Rev. 07/31/12
Page 2 of 7
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. 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(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
Form 3740GROW Rev. 07/31/12
Page 3 of 7
CD
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 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 filing 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
Form 3740GR0W Rev. 07/31/12
Page 4 of 7
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 "B" shall be under construction by Licensee
within one(1)year 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.
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.
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 "B", 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`B"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.
Form 3740GROW Rev. 07/31/12
Page 5 of 7
The parties have executed this Agreement this 17 day of Sf,�i'E=rr��/C
2013.
Witnesses: FLORIDA PO LIG T COMPANY
CY\VA-* By:
Signature: Its: Area Real Estate Manage
Print Name: Yc-Ole ! ,C Io,' k_ Print Name: Mark L. Byers
Signature:
Print Narnell_e'if,j8WW,c4
Approved and accepted for and behalf of Collier County, Florida,this I Day of 1 ,2013.
(Official Seal)
ATTEST: BOARD OF COUNTY COMMISSIONERS
K'�� COLLIER COUNTY, FLORIDA
DWIGIIT.E. BROOK Clerk r
.f,ddtAwi A BY
; w �y GE�� ' GIA A. 'ILLER, ESQ., Chairwoman
Attest as to Chairman's,'
signature'6Pty,
APPROVED AS TO FORM AND LEGALITY
BY: C,rk.
Print: SE.nar■.)
Assistant County Attorney
Form 3740GROW Rev. 07/31/12
Page 6 of 7
ADDENDUM
• Prior to installation,Licensee must schedule a Safety Six meeting for all construction personnel
working on the project. Please contact Scott Brewer at(941)650-9297 to schedule the meeting.
Form 3740GROW Rev. 07/31/12
Page 7 of 7
GP
LEGAL DESCRIPTION:
PARCEL ONE:
Commence at the' Nio- theast corner''o Section 3, Township 49
South, Range 25 Ea t, _^C9-1-11-ei._County, F1,ori'da; thence south 89
degrees 28 minutes/ 30, cotcis west" along\the North line of said
Section 3, 50.0 feet ,.-t# e�np s ` d ee''s 28 minutes 30
seconds west, 200{ 0 eet`3,fo • \a\ 1`jce Y ft,�r egi zning; thence south
89 degrees 28 minute; 00, e�,ondl rest,? 411,4S feet to Florida
Power and Light Eas�kne r 1'S..z . ncec rii,..paid line south 6
degrees 46 minutes ,,?Q seconds west, 344.60:"fleet; thence south 80
degrees 39 minutes\` , seconds east-. ".-dp.sta"4T,.6e of 559.61 feet to a
point on a curve co pave to the nor e6.4./thence along the arc
of said curve 435.68 teIt.� said curve-' wing a radius of 2315.48
feet, a delta of 10 de zr'e'e �4b_.mi-n e x,51 seconds and a chord of
435.04 feet bearing north-:�0 4 ,4ee,.f57 minutes 05 seconds east
to a point of tangency; thei a zrorth 01 degrees 26 minutes 20
seconds west a distance of 3.99 feet to the point of beginning.
Said parcel containing 5.0 acres more or less.
PARCEL TWO:
A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COWER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH
8910'32" WEST ALONG THE NORTH LINE OF SAID SECTION 3, A DISTANCE
OF 791.36 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH
07'08'12" WEST, A DISTANCE OF 301.23 FEET; THENCE RUN SOUTH
89'52'12" WEST, A DISTANCE OF 75.24 FEET; THENCE RUN NORTH 06'37'57'
EAST, A DISTANCE OF 31.82 FEET; THENCE RUN NORTH 0717'57" EAST, A
DISTANCE OF 269.64 FEET TO AN- ECT10N WITH SAID NORTH LINE OF
SECTION 3; THENCE RUN NO,,Rf ..8 - ,.,ALONG SAID NORTH LINE,
A DISTANCE OF 73.17 FEE T;PTO- HE SAID tNti F\BEGINNING.
CONTAINING 0.51 ACRES' OF/LAND ORE Oft LESS:, \.
, ,' ,
EXHIBIT A
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FPL. NOTIFICATION OF FPL FACILITIES
Customer/Agency COLLIER COUNTY WATER-SEWER DISTRICT Date of Meeting/Contact: JULY 8,2013
Developer/Contractor Name Public Utilities Engineering-Tom Chmelik,Director Project Number/Name: CARICA WATER PLANT
Location of Project 7200 GOODLETTE-FRANK RD. City: NAPLES,FL
FPL Representative MARK BYERS,Area Real Estate Manger Phone:941-316-6288 . •
Developer/Contractor Representative JEREME SHAIDLE(239)252-5379 FPL Work Request#/Work Order#: _
FPL calls your attention to the fact that there may be energized,high voltage electric lines,both overhead and underground,located in the area-of this project. It is
imperative that you visually survey the area and that you also take the necessary steps to identify all overhead and underground facilities prior to commencing
construction to determine whether the construction of any proposed improvements will bring any person, tool, machinery, equipment or object closer to FPL's
power lines than the OSHA-prescribed limits. If it will,you must either re-design your project to allow it to be built safely given the pre-existing power line location,
or make arrangements with FPL to either deenergize and ground our facilities,or relocate them,possibly at your expense.You must do this before allowing any
construction near the power lines. It is impossible for FPL to know or predict whether or not the contractors or subcontractors,and their employees,will operate
or use cranes, digging apparatus or other mobile equipment, or handle materials or tools, in dangerous proximity to such power lines during the course of
construction,and,if so,when and where. Therefore,if it becomes necessary for any contractor or subcontractor,or their employees,to operate or handle cranes,
digging apparatus, draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might come closer to underground or
overhead power lines than is permitted by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such
planned operation prior to the commencement thereof and make all necessary arrangements with FPL in order to carry out the work in a safe manner. Any work
in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented.
The National Electrical Safety Code("NESC")prescribes minimum clearances that must be maintained. If you build your structure so that those clearances cannot
be maintained,you may be required to compensate FPL for the relocation of our facilities to comply with those clearances. As such,you should contact FPL prior
to commencing construction near pre-existing underground or overhead power lines to make sure that your proposed improvement does not impinge upon the
NESC clearances.
It is your responsibility and the responsibility of your contractors and subcontractors on this project to diligently fulfill the following obligations:
1. Make absolutely certain that all persons responsible for operating or handling cranes,digging apparatus,draglines,mobile equipment or any
equipment,tool,or material capable of contacting a power line,are in compliance with all applicable state and federal regulations,including but
not limited to U.S.Department of Labor OSHA Regulations,while performing their work.
2. Make sure that all cranes,digging apparatus,draglines,mobile equipment,and all other equipment or materials capable of contacting a
power line have attached to them any warning signs required by U.S.Department of Labor OSHA Regulations.
3. Post and maintain proper warning signs and advise all employees,new and old alike,of their obligation to keep themselves,their tools,
materials and equipment away from power lines per the following OSHA minimum approach distances(refer to OSHA regulations for restrictions):
- `Power Line Voltages Personnel and Equipment Cranes and Derricks "'Equipment,Crane&Derrick Travel under or near Power Lines
("'"29 CFR 1910.333 and 1926.600) (29 CFR 1926.1407,1408) (29 CFR 1926.600-Equipment) (1926.1411-Cranes and Derricks)
0-750 volts 10 Feet 10 Feet 4 Feet 4 Feet
751-50,000 volts 10 Feet 10 Feet 4 Feet 6 Feet
69,000 volts 11 Feet 15 Feet 10 Feet 10 Feet
115,000 volts 13 Feet 15 Feet 10 Feet 10 Feet
138,000 volts 13 Feet 15 Feet 10 Feet 10 Feet
230,000 volts 16 Feet 20 Feet 10 Feet 10 Feet
500,000 volts 25 Feet 25 Feet 16 Feet 16 Feet
*When uncertain of the voltage, maintain a distance of 20 feet for voltages up to 350,000 volts and 50 feet for voltages greater than 350,000
volts.
"'On Construction Sites,with no load.
**For personnel approaching insulated secondary conductors less than 750 volts,avoid contact.
4. All excavators are required to contact the Sunshine State One Call of Florida, phone number 1-800-432-4770 or 811 a minimum of two working days
(excluding weekends)in advance of commencement of excavation to ensure facilities are located accurately.
5. Conduct all locations and excavations in accordance with the Florida Statute 556 of the Underground Facilities Damage Prevention&Safety Act and all
local city and county ordinances that may apply.
6. When an excavation is to take place within a tolerance zone,an excavator shall use increased caution to protect underground facilities.
The protection requires hand digging,pot holing,soft digging,vacuum methods,or similar procedures to identify underground facilities.
A copy of this notification must be provided by you to each contractor and subcontractor on this project,to be shared with their supervision and employees prior to
commencing work on this project.
Email do SueZimmerman(a Colliergov.net
Means by which this notification was provided to customer and/or contractor Address
FPL Repres tative Sig tur Date
Customer eloper/Contractor Representative Signature Date ,7/1 1 `
Form 360 Rev.11/08/10 ,E X H I B I T
?age_1_--of (I)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI# 6 C
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be receive i the County Attorne Offi c no later
than Monday preceding the Board meeting.
** ** VE � 9 I I 4Dc fc.
NEW ROUTING SLIP G` ( 7
Complete routing lines#I through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office c■G-52) \\�31�3
4. BCC Office Board of County G H by
Commissioners 'DA 4/ q113 113
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff SUE JIM ZIMMERMAN Phone Number 252-2622
Contact/ Department
Agenda Date Item was SEPTEMBER 10,2013 Agenda Item Number 16C6
Approved by the BCC
Type of Document RIGHT-OF-WAY CONSENT Number of Original 2 ✓
Attached AGREEMENT Documents Attached
PO number or account 4+242-7-36+24444,14,5.-
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial Applicable)
1. Does the document require the chairman's original signature? SJZ
2. Does the document need to be sent to another agency for additional signatures? If yes, SJZ
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SJZ ✓
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N k4:\
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SJZ
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SJZ
signature and initials are required.
7. In most cases(some contracts are an exception), the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines! f
8. The document was approved by the BCC on Sept. 10,2013(enter date)and all SJZ t/
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the , '/
BCC,all changes directed by the BCC have been made,and the document is ready for the a
Chairman's signature.
I:Forms/County Forts/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05,Revised 11/30/12
Florida Power&Light Company,P.O. Box 1119,Sarasota,Fl 34230-1119
FPL
Telephone: (941)316-6288
Fax: (941)316-6226
Cell Tele: (941)320-8106
Email:Mark_L_Byers @fpl.com
Fed-Ex: 1177 North Lime Ave.
Sarasota,FL 34237
September 17, 2013
Sue Zimmerman
Collier County
Real Property Management Section
Facilities Management
3299 Tamiami Trail East
Naples, FL 34112
RE: Carica Water Plant—FPL Consent Agreement
Dear Sue:
Please find an original and fully executed Memorandum of Right of Consent Agreement
and Right of Way Consent Agreement. Once the Memorandum is recorded, please
forward a copy to me for my files.
If you should have any questions or require further assistance, do not hesitate to contact
me. As always, it has been a pleasure to work with you.
Best Regards,
Mark L. Byers
Area Real Estate Manager
Enclosures