Agenda 07/11/2017 Item #16C 607/11/2017
EXECUTIVE SUMMARY
Recommendation to approve a Right-of-Way Consent Agreement and associated Memorandum
with Florida Power & Light Company (FPL), providing for construction of a 24” Irrigation Quality
Water main within the existing FPL easement within the Remington Reserve and Creekside
Commerce Center Subdivisions.
OBJECTIVE: To permit the construction of Irrigation Quality (IQ) Water transmission mains,
electrical, instrumentation, and control lines from the existing IQ main within the Remington Reserve and
Creekside Commerce Center subdivisions (Project) within the limits of FPL’s power line right -of-way.
CONSIDERATIONS: The proposed scope of work under Project 70116.2, “Goodlette Road 24-inch
Irrigation Quality Water Main,” is consistent with the Capital Improvement Program (CIP) contained in
the Water, Wastewater, Irrigation Quality Water, and Bulk Potable Water User Rate Study approved by
the Board of County Commissioners on June 10, 2014, as Agenda Item 11C. Funding for Project
70116.2 is available in, and is consistent with, the FY2017 CIP Budget.
FISCAL IMPACT: The cost of recording the Memorandum of Right-of-Way Consent Agreement will
not exceed $200. Funding is available in the Wastewater User Fee Fund (414).
GROWTH MANAGEMENT IMPACT: The project meets current Growth Management Plan stands to
ensure the adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. - JAB
RECOMMENDATION: To approve and authorize the Chairman to execute the attached Memorandum
of Right-of-Way Consent Agreement, and Right-of-Way Consent Agreement; and, authorize the
recording of the Memorandum of Right -of-Way Consent Agreement in the Public Records of Collier
County, Florida.
PREPARED BY: Cindy M. Erb, Senior Property Acquisition Specialist, Division of Facilities
Management
ATTACHMENT(S)
1. Signed Memo of Consent Agreement 6-21-2017 (PDF)
2. Signed ROW Consent Agreement 6-21-2017 (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.6
Doc ID: 3382
Item Summary: Recommendation to approve a Right-of-Way Consent Agreement and associated
Memorandum with Florida Power & Light Company, providing for construction of a 24” irrigation
quality water main, within the existing Florida Power & Light Company’s easement within the
Remington Reserve and Creekside Commerce Center Subdivisions.
Meeting Date: 07/11/2017
Prepared by:
Title: Property Acquisition Specialist, Senior – Facilities Management
Name: Cindy Erb
06/16/2017 9:58 AM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
06/16/2017 9:58 AM
Approved By:
Review:
Public Utilities Planning and Project Management Craig Pajer Additional Reviewer Completed 06/16/2017 10:01 AM
Wastewater Steve Messner Additional Reviewer Completed 06/16/2017 10:16 AM
Public Utilities Planning and Project Management Peter Schalt Additional Reviewer Completed 06/16/2017 1:26 PM
Public Utilities Department Margie Hapke Additional Reviewer Completed 06/16/2017 4:27 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/16/2017 1:29 PM
Facilities Management Dennis Linguidi Additional Reviewer Completed 06/16/2017 1:40 PM
Facilities Management Toni Mott Additional Reviewer Completed 06/19/2017 8:54 AM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 06/19/2017 9:22 AM
Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 06/19/2017 1:23 PM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 06/19/2017 2:05 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/20/2017 8:13 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/21/2017 4:07 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/21/2017 4:32 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/22/2017 2:30 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/29/2017 11:28 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/02/2017 12:41 PM
07/11/2017
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
This Instrument Prepared By:
Mark L. Byers
Florida Power & Light Company
P.O. BOX l119
Sarasota, FL 34230
MEMORANDUM OF RIGHT…OF…WAY CONSENT AGREEMENT
THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this
-dayof-,20l7,byandbetweenBoARDoFCoUNTYCoMMISSIoNERSoF
COLLIER COI.INTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COLINTY
AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, whose mailing address is 3335 Tamiami Trail East, Suite l0l, Naples,
Florida 34112-5356, (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 , 2017, 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 aparthereof 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 Book 30, at 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, installation, operation and
maintenance of a 24 inch force main, 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.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement
on the date hereinabove written.
Witnesses:Company:
FLttRIDA POWER&LIGHT COⅣIPANY
By:
Its:
Print Name: Mark L-Byqq
Statc ofFlorida
County of Sarasota )
On this k 'L day of {- p€ , zll7,before me, the undersigned Notary Public,
personally appeared Mark L. Byers, Corporate 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 official seal.
βθα〃狗(Y PUBLIC,STATE OF FLORIDA
)
)ss:
滋縫M縄 諦隠1駅 1靴 風9
ЁttP)R饉 8 0ctober 7,2017
(407)
Print Name:
Commission No.:
My Commission Expires:
○
Name (Print):
(Execution continued on next page.)
DWIGHT E.BROCK,Clerk
BY:
Deputy Clerk
Memorandum of Righrof Way Consent Agreement Form
Rev. 03.09.2012
BOARD OF COUNTY CONIIMISSIONERS
COLLIER COUNTY,FLORIDA,AS THE
GOVERNING BODY OF COLLIER
COUNTY AND AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER
COUNTY WATER―SEWER DISTRICT
Peruruy' TAvLoR, Cha.irmn
APPROVED AS TO FORM&LEGALITY趾
BY:
EXIIIBIT“A"
Page l of5
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1. 86NttNCS S■OWN HEREON ARE BtSE0 0N THE NORTH
しNE OF LOT 15。 ,LAT CF CRECκ SIDE COMMERCE PARKWE釘 ―UN「TWO, PLAT 800K 35, PACに 43 & 44=PU3uC RECORD OF COMIER COUNIY` FLOR10A,WHERttN
SAO NORTH UNE OF LOT 15 8EARS S89`48.16・ C.
2. THiS Sκ ETCH 00ES NOT MAKE ANY REPRESENrAnON ASTO ZONING OR DEVELOPMENT RESTRICI10NS ON ttESu8JECT PARC=L.
3. PARCEL CONFAINS 5,019 SOuARε FECr
く0.128 ACRESD MORこ OR LESS
―――――■――一―1THIS IS NOT A SURVEY
КEⅥN M.RISCASSI COR THE ttR“L8-64ゆPROFESS10NAL SURVEYOR AND MAPPER
FLOR10A CER■日CATE NO. 6433
0At S10NE●:NOT VAuD ⅧTH00T ttE SICNATURE ANO IHE
ORICINAL RttSED SEAL OF A FLOR10人 L:CCNSEDSuRVEYOR AND MAPPER.
DESCRIPT10N
A PARCEL OF LAND BEINC P厨 OF LOT 15 0F CREEKSIDE COMMERCE PARK WEST ― UN:T
IWO RECORDEO IN PLAT 800K 55, PACES 43 AN0 44 1N THE PU8uC RECORDS OF COLuERCOUNrY, FLORIDA. LYINC W「HiN SECT10N 27, TOWNSH:P 48 SOuTH. RANCE 25 EAST. 8日 NC
MORE PARTICULARLY DESCRIBEO AS FOLLOWS:
COMMENCiNC AT THE NORTHWESr CORNER OF SAID LOT 15 ALSO 日EINC ON THE
SOUTH 貸:CHT-OF―WAY ttNE OF IMMOKALEE ROAD くSR 846) THENCE RUN
S89・ 48'16“E ALONC SND ttNE FOR 173.00 FEET TO THE POINT OF BECINNINC.
FROM SAID PO:NT OF BEC:NN!NC CONTINUE AtONC SAD uNE S89・ 48=16''E FOR
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NORIHERLY LjNE OF SA10 TRACT R RUN N05'34'16￢″ FOR 172.16 FEE「: THENCE
RUN N16・ 47'59■″ FOR l12.69 FEET TO THE POINr OF 8ECtNNINC.PARCEL CONrA NS 15,195 SOUARE FECr OR O.502 ACRES MORE OR LESS.
BEARlNCS SHOWN HEREON ARE BASED ON THE NORTH LINE OF LOT 15, PLAT OFCREEKSiDE COMM[RCE PARK WEST―UNrr llVo, PLAT B00K 55, PACE 43 & 44, PU8uCRECOR0 0F COLUER COUNri FLORIDA, WHEREIN SAID EA● UNE OF LOT 15 3EARS
S89°48'16"E.
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Page 2 of5
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NOTES:
1.BEARINCS SHOWN HEREON ARE ttE0 0N THE EAST UNE
OF TRACT 3, PLAT O'CREEKStOE COMMERCC PARκ
WEST-ON〕T WO,PLAT 800K 35,PACE 46&4■PUB口0
RECORD OF COtuCR couN「4 FLORItt WHERE:N SAD
EA¶じNE OF TRAC7 3 8EARS NOゴ 33'55ヽ
「
THIS SК ETCH 00ES NOT MAXE ANY REPRこ S=NTAnON ASTO ZONINC OR D…PMENT RESTR10■ONS ON THE
SUB」ECT PARCEL.
PARCEt CONTAINS :8,234 SOUARE FEET
く0.418 ACRESp MORE OR LESS.
NOT VA●0簡 OUT DESCRIP■ON ON SHCCr 2 0F 2.
THIS IS NOT A SURVEY
К日喘NM.RISCASS (FOR THE RRM L8-642)
PR●FESS10NAL SURVEYOR ANO MAPPER
FLOR,DA CER■日CATE NO.6433
DAt SICNED:
NOT VAtuD ttTH00T ttE SICNATURE AND THE
ORICINAL RAISED SEAL OF A FLCR10A uCCNSE0
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Page 3 of5
DESCRIPT10N
A PARC[L CF LAND BttNC PART OF TRACT 5 0F CREEKSIDE COMMERCE PARK IVEST ― UNlTTWO RECORDED IN PLAT 800K 35, PACES 43 AN0 44 :N THE PUBLIC RECOROS OF COLuERCOuNTY, FLORIDA LYINO WrrHIN SECnON 27, TOWNSH:P 48 SOUTH. RANGE 25 EAST. 8EINCMORE PARTiCULARLY DESCR:8ED AS FOLLOWS:
COMMENClNC AT THE SCUTHEAST CORNER OF SA10 TRACT 3 ALSO BEINC THE ON
WEST RICHF-OF―WAY L〕NE OF C000L日 日=―FttNK RO颯 D (COuHTY ROAD 851)
THENCE RUN NOS33'55■″ ALONO THE EAST ttNE OF SA:D TRACT 3 AND THEWESI LINE OF SAID RICHT-OF―WAY FOR 196.7 FEET TO THE POINT OF BECINNINGALSO BEINC THE NORTHEAST CORNER OF SAID EASEMENT.
FROM SA10 POINT OF BECiNNINC DEPART:NO THE EAST L:NE OF SAID T面 5 ANDTHE WES, 日NE OF SAID RICHT-OF―WAY RUN N80・ 49'47■″ FOR 530.26 FEELTHENCE RUN NOr38'05■W FOR 400.65 FEET TO AN INr[RSECl10N WITH THENORTH uNE OF SAID TRA∝ 5 ALSO BE;NC IHE SOurH LINE OF TRACT R
(CREEKSiDE 80ULEVARD)AS SHOWN lN SA D CREEKSiDE COMMERCE PARK WEST ―
じ村lT TWO: THENCE RUN S89・ 49'08口 E ALONC THE SAID ttNE FOR 20.07 FEEr:
THENCE DEPARTINC SAID L:NE RUN S04・ 38'05■ FOR 383.27 FEE■ THENCE RUN
S80・ 49'47“E FOR 509.32 FEET TO THE EAST LlNE OF SAID TRACT 3 AND THEWEST uNE OF SAID GOODLEITE―FRANK ROAD RICH「-OF―WAL THENCE RUN
S05・ 35'55覧 AtONC SAID UNE FOR 20.68 FEET TO THE POINT OF BECINNINC.PARCEL CONTAINS 18.234 SQUARE FEET OR O.418 ACRES h10RE OR LESS.
BEARINOS SHOWN HEREON ARE BASED ON THE EAST LINE OF TRACT 3, PLAT OF CREEKSIDECOMMERCE PARK WEST UN「 TWO, PLAT BOOK 35, PACE 43 & 44, Pじ BLIC RECORD OF
COLuER COuNrY, FLOR;鴫 WHEREIN SAID EAST ttNE OF TRACT 3 日●ARS N05・ 33'55知.NOT VALO WrHOuT sHcCr 1 0F 2.
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Page 4 of5
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NOTES:
1.日EAR(NeS SHOwN HEREOヽ ARE ttED ON THE NORTHUNE OF TRACT 2, PLAT OF CREEKSiOE COMMERCE PARКWEST―UNIT TWO. PLAT B00К 35, PACE 43 & 44, PUBLICRECOR0 0F COLuER COuヽ
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Y. Fい OR10A. WHERE:N SA10NORrH 口NE OF TttT 2 BEARS NOσ 00'00・E
T0 20NINC OR OEVELOPMENT RESTR10■ONS ON THESOBJCCT PARCeL.
PARCCt CONrAINS 13.195 SQVARE FEET
く0.302 ACRCSy MORE OR CSS.
THIS IS NOT A SURVEY
κCMN M. RISCASSl (FOR THE F:RM L3-642)PROFESSiONAL SuRV●YOR ANO MAPPERFLOR10A CER■nCATE NO. 0433
NOr VA口 0欄 TH00T THE SlCNATURE ANO ■HE
OR10:Nハ L RAIS●O SEAL OF A FLOR,DA uCこ NSEDANO MA'PER
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Page 5 of5
DESCRIP丁 :ON
A PARCEL OF LAN0 8EINC PAR1 0F TRACT 2 0F CREEKSIDE COMMERCE PARK WEST 一 UNI「IWO RECORDED IN PLAT 800K 35, PACES 45 AND 44 :N THE PU8LiC RECORDS OF COLL:ERCOUNTY, FLORI〔yt LⅥNO WITH:N SECTON 27, TOWNSHIP 48 SOUTH, RANCE 25 EAST BEINCMORE PARnCULARLY DESCR:8ED AS FOLLOWS:
00MMENCINC AT THE NORTHWEST CORNER OF SAID TRACT 2 ALSO BEINC ON THESOuTH LINE OF TRACT R (CREEKSiDE PARKWAY)AS SHOWN IN SAID CREEKSiDECOMMERCE PARK WEST ― UNrT TWO THENCE RUN N9σ 00'00"E ALONC SA10 日NEFOR 195.93 FEEF TO THE PO:NT OF BEGINN:NC.
FROM SAID POINr OF BECINN:NC CONr:NUE ALONC SAID ttNE THE FOLLOW:NC TWO
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PARCEL CONTAINS 13,195 SOUARE FEET OR O.502 ACRES MORE OR LESS.
BEAR!NCS SHOtVN HEREON ARE BASEOCREEKSiDE COMMERCE PARK WEST―UN:TRECORD OF COLttER COUNTY, FLORl)ヽ
N90'00'00't.
ON THE NORTH ttNE OF TRACT 2, PLAT OFTWO, PLAT 800K 35, PACE 43 & 44, PUBuCWHEREIN SAID EAST ttNE OF TRACT 2 BEARS
NOF VAL:D WImOUT sH==r 1 0F2.
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UTIL:TY EASEMENT,2DESCRIPTtON
11'●0 201pla1497∞‐“フr27-“-261曹 …●Ol…」・2
Structure No.: 85M7, 85M6, 85M5
Section, Township, Range: 22, 27 -48-25
Easement No.: 2J-l
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 COLINTY'
FLORIDA, AS TT{E-GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COL]NTY WATER-SEWER DISTRICT, WhOSC MAiIiNg
address is 3335 Tamiami Trail East, Naples, FL34ll2, 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 2l,Public
Records of Collier County, Florida. The said area within Company's right-of-way, hereinafter referred to as
"Lands", is more parlicularly described on Exhibit "A" attached hereto. The use of the Lands by Licensee
shall be solely for ih. purpor" of installation, operation and maintenance of a 24 inch Force Main within the
FPL easement as shown on the plans and specifications submitted by Licensee, attached hereto as Exhibit
rrBil.
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.
Z. 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 notifu 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 ninety (90) days
of receiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole
cost and expense ofLicensee 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.
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
Paqe l of 14
Form 3740GROW Rev. 07/31/12
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 (la)
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 agtees that the planting oftrees, 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 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.
Abovegtound 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 (l) 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.
1 l. 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
Paqe 2 of 74
Eorm 374oGROW Rev. 01/31/72
Company to relocate, rearange or change any of its facilities, to promptly reimburse Company for all cost
and expense involved with such relocation, realrangement or change.
12. Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees
subject to the limitations contained in Section768.28, Florida Statutes, if applicable, to indemnifu 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, naturalor 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 lnsurance, 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 occuffence for bodily
injury and properly damage per accident; and
(iv) General Liability Insurance, written on lnsurances Services Office form GC 00
01 l2O4 (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 ($1,000,000) combined single limit
i::J.""?ffi;:i,,,TI$"i*:X,.
tn'u'" the indemnitv obrisations assumed bv
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
subcontractors, shall cause the insurers oftheir 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
Paqe 3 of 14
Form 3740GROW Rev. 07/31/12
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 o'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 alltimes 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 parff 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
Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions
contained herein.
Page 4 of 74
Form 3740GROW Rev. 07/31/12
15. The use granted herein as shown on Exhibit "8" shall be under construction by Licensee
within two (2) 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 two (2) year time period
will result in immediate termination of this Agreement in accordance with Paragraph l4 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 two (2) 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 parry 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 668" 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.
Executions on following page
Paqe 5 of 14
Form 3740GROW Rev. 07/31/12
Approved and accepted for and behalf of Collier County, Florida, this
(Official Seal)
Agreement this day of
Print Name: Mark L. By.erq
day Of 20__.
BOARD OF COUNTY COMMISSIONERS
COLLER COIINTY,FLORIDA,AS THE
GOVERNING BODY OF COLLIER COllNTY
AND AS TIIE EX―OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY
WATER―SEWER DISTRICT
BY:
PcNN/74vム οκ′こ
^α
j″″14月
APPROVED AS TO FONNl&LEGALITY
parties have executed
20-.
this
ATTEST:
DⅥЧGHT E.BROCK,Clerk
BY:
Deputy Clerk
Paqe 6 of 14
Form 3740GROW Rev. 07/31/12
By:
Its:
ADDENDUM
o Prior to installation, Licensee must schedule a Safety Six meeting for all construction personnel
working on the project. Please contact FPL Transmission Operations at (239) 690-2735 to
schedule the meeting.
. Licensee will install above ground markers at all pole locations to identify the water main for
Company personnel.
. Any areas where the water main will not maintain a minimum distance of 25 feet offexisting
Company transmission poles, Company, at Company's sole discretion, can require that said pole
be held by Company personnel at Licensee's expense.
Page 1 of 74
Form 3740GROW ReV. 07/31/12
EXIIIBIT“A"
Page l of5
PO!NT OF COMMENCEMENT lMMOttEε ttOβ R84り
Aじ 嬌嘱″"FSr m"θ ″ムOr′` tlヽ錨鰍衝γ εαんヒ縦 P/elr Fsr―ι搬7昴"出rm%鶏 P/″
“
α
``夕応おar資 ん
““
り
「
S89°4316カ E20.91'
嬬 α 繁 翻 ″
“
ξ
“
解
"おr町
“′t4r“γ 五 ′H″イJ“イ`・鵡 1∞〕
ιO′′イ
CREEKSiDESFREE「
7R40ア R rPFRPL4リ
l c―耐 聯暦―""錫「m%晟 ″″4J′
“~~~~~十 ~~…―1△=53'07`叡 3“
CB=S67・52.16'W
C=2236'L=2311 ・DESCRIPT10N
A PARCCL OF LAND DEINC PART OF LOT 15 0F CREEKSiDE COMMERCE PARK WEST ― UN!T
TWO RECORDED iN PLAT B00K 35, PAC[S 43 AN0 44 :N THE PUBuC RECORDS OF COLuER
COじ NIY, FLORIDA LⅥNC WrrHIN SECT10N 27. TOWNSHlP 48 SO剛 , RANCE 25 EAST. 3日 NC
MORE PARTiCじ LARLY DESCRIBED AS FOLLOWS:
CORIMENClNC AT THE NORTHWEST CORNER OF SAID LOT 15 ALS0 8[ING ON THE
SOurH RlGHT-0「―WAY ttNE OF IMMOKALEE ROAD (SR 846) THENCE RUN
S89°48￢6・ E ALONC SAID 」NE FOR 175.90 FEET■O THE POINr OF BEC:NNINC.
FROM SAID POINT OF BECiNNINC CONTINじ E ALONO SAID IJNE S89・ 48'161'E FOR
20.91 FEET: THENCE DEPARTINC SAID LlNE RUN S16・ 47'59・ E FOR 103.75 FEEr TO
AN !NFERSECnCN W「H THE WEST UNE OF A 5.00 F00T WIDE FLORIDA POWER &
駅」￡:主 Ⅷ眼:R羅 1:r言 】NFな'溜 鶴ぽ鏃l∫
6ぽ 忌ご習営
164.15 FEE「 TO AN INTERSECT:ON WITH A NON―TANCENF CURVE AND THE
躙 群 TLぶ 蒻 ミ鯉賢8焉 瓢[¶繹 紺管‰∫¶辮年
響Ⅷ慧認騒R讀 5孵 ゝ(〕鵬 黒淵語Eu(色 3,_=轟論l鷺 灘
NORTHERLY UNE OF SAID TRACT R RUN N05・ 54'16￢″ FOR 172.16 FEEr; THENCE
RUN N16・ 47'59￢″ FOR l12.39 FEET TO THE POINr OF BECINNINC.PARCEL CONTA NS 13,195 SOuARE FEET OR O.302 ACRES MORE OR LESS.
3EARINOS SHOWN HEREON ARE BASE0 0N THE NORTH ttNE OF LOT 15, PLAT OF
CREEKStDE COMMERCE PARK WEST―UN「 T170, PLAT B00K 55, PAGE 45 & 44` PU8日CRECOR0 0F COLuER COUNTY, FLORIDA` WHEREIN SAID EAST LINE OF LOT 15 BEARS
S89'48'16・ E.
THIS IS NOT A SURVEY
BEARINCS SHOWN HEREON ARE 瑯 [0 0N THE NORTH
じNE OF LOT 15` PLAT OF CREEKSIDE COMMERCE PARK
WE釘 ―UNIT RO,PtAT 800K 35,PACE 45&4■,OBLtC RECORD OF COuは ER COUNIY, FLORIゝ ヽ、WHERttN
SA10 NORTH UNE OF LOT 15 8田 S S89.48・ 16・ E.
THiS SKETCH 00ES NOT ∥いKE ANγ REPRCSEMAnON AS
TO ZON:NC OR DEVELOPHENr RESTR10■ONS ON THE
Su8JECT PARCEt.
PARCEL CONTAINS 5,619 SOuARE FECT
く0.128 ACRESD
“
ORE OR IESS
NOTES:
KEMN M.RISCASS (FOR THE RRM L8-642p
PROFESS10Nハ L SURVEYOR AND ttAPPER
FLOR10A CERTFICATE NO.6435
0ATE S10NE●:NOT VAUD ttTHOul■E SCNATURE AND THE
ORICiNAL RAISED SEAL OF A FLORIDA uC[NSE0
SURVE■OR ANO MAPPER.
-----t-
POiNT OF
BEGlNNIN9
N16・ 47169■′11
だ凩嘔、1′
"麟
劇
―t11N∞°ど'Wlη ・
やミ 1__■ヒ _二 ___
鑢」騨幾常闊
ENGINEERING
じTIL:TY EASEMENT#3
SKETCH&DESCRIPT10N
Paqe 8 of 14
Form 3740GROW Rev. 07/31/12
TOHNSOト
EXIIIBIT“A"
Page 2 of5
蓼
i~~~~卜
II
＼
五】三走≡三ヾ｀｀
で
｀
2007'1―蹴 =‐κ″′″
薩
もPOINT OF BEGINNINO
POINT OF COMMENCEMENT
釧溺
“
ra%階 ″刀嗽″」
α%つ
“
ンιE鍬 ″″コ%『21lκ ttr―ι″7鴻 ο
なれωκ冤″″4J″
“
こ
…
鰤醐″鋼
“
ξ潜′"に出 rθ りοκぉ,″σES ′イー′δ
NOTES:
BEARINCS SHOWN HEREON ARE ttE0 0N THE EAST UNEOF TRACT 3, PIAT CF CREEXSIDE COMMERCC PARKWEST-ONIT TWO. PtAT B00K 35, PACC 43 & 44. PUB口0RECORD OF COLuER COし ヽT4 FLORl働 ヽ WHEREIN SA DEAST UNE OF TRACT 3 8EARS N05・ 53'55￢″.TH:S SК ETCH DOES NOT MAKE ANY REPRESENrAnON AST0 20N:NC OR DEVELOPMENr RESTR10￢ONS ON THESu8JECT PARCa.
Pハ К EL CONTAINS f8,234 SOVARE FEET
(a4,3 ACRES》MORE OR LESS.
NOT VA00 ⅦTHOur DESCRIPTON ON SHECr 2 0F 2.
THIS IS NOT A SURVEY
I日 製品調正電ItttFl認 亀皿 ∫-6崚)FLOR:OA C[R■日CA■ヽ0.6435
0AIE SICNED`NOT VAuD∥THOUT IHE SCNATURE AND THEOR:CINAL RAISED SEAL OF A Fに ORIDA L:CENSEDSURVEYOR ANO "APPER.
1.
てl
// 。ltrEll縮 ,∞)t…″a螺 翻幕囲_晰 渤り
ヽ a4「鍬%苑 P/r″´
“
~~ド ~~~
ENCINEERING
F°RT響 暫蠣護難1抑
Paqe 9 of 14
Form 3740GROW Rev 07/31/12N
EXIIIBIT“A"
Page 3 of5
DESCRIPT10N
A PARCEL OF ttD 8EINC PART OF TRACT 5 0F CREEKSiDE COMMERCE PARK IlrEST 一 UN!T■lJO RECORDED :N PLAT 800K 35, PACES 43 AN0 44 1N THE PU8LiC RECORDS OF COLL:ER
COUNTY, FLORIDA. LYINC WrrHIN SECT:ON 27, TOWNSHlP 48 SOurH, RANCE 25 EAST. BE!NCMORE PART:CULARLY DESCR18ED AS FOLLOWS:
COMMENCINC AT THE SOUTHEAST CORNER OF SAID TRACT 3 ALS0 8EINC THE ON
掘c♂鵠鴬麟もと呼疋:N∫珊鶴F雛 ∬亀:ざ
C糊 Ⅳξ‰罐WEST LINE OF SAID RICHT-OF―WAY FOR 1967 FEET TO THE POINT OF BECINNINCALSO BEING THE NORTHEAST CORNER OF SAID EASEMEN「.FROM SAID PO:NT OF BEC:NNINC DEPARTNG THE EAST LINE OF SAID TRACT 3 AN0
THE WEST ttNE OF SAID RIGHT-OF―WAY RUN N80・ 49'47nW FOR 530.26 FEETFTHENCE RUN NOギ 38'05■W FOR 400.63 FEET TO AN :N「ERSECT10N WiTH THENORTH uNE OF SAID TRACT 5 ALSO BE:NG THE SO明 H L:NE OF TRACT R
(CREEKS10E BOULPARD)AS SHOWN IN SAID CREEKS:DE COMMERCE PARK Y7EST ―UNIT TWO: THENCE RUN S89・ 49'03・ E ALONG THE SAID 口NE FOR 20.07 FEET:THENCE DEPARTINC SAID LINE RUN S04・ 38'05"E FCR 385.27 FEEri THENCE RUNS80'49'47"E FOR 509.32 FEET TO THE EAST L:NE OF SAID TRACT 3 ANO THEWEST ttNE OF SAID C000LErrTC―FRANK ROAD RIGH「-OF―Y7AY: THENCE RUN
S05・ 33'55'E ALONC SAID ttNE FOR 20.68 FEET TO THE P01NT OF BECINN!NC`PARCEL CCNTAINS 18,254 SQUARE FEET OR O.418 ACRES MORE OR LESS.
BEARINOS SHOWN HEREON ARE BASED ON THE EAST LlNE OF TRACT 3, PLAT OF CREEKSiDECOMMERCE PARK WEST―UN「 TWO, PLAT B00K 35, PACE 43 & 44, PUBLIC RECORD OF
COLじ ER COuNr4 FLOR10ヽ WHERE:N SA D EAST ttNE OF TRACT 3 8EARS N05・ 35'55知.NOT VAuD WITHOur SHECr 1 0F 2.
F●‐響彊ぶ霧詐'…ENGINEERING
UTIL:TY EASEMENT,1
DESCRIPT:oN
11」●●201ア |か o97∞―●87『27-“-25 1STttn
Paqe 10 of 14
Form 3740GROW Rev. 07/31/12
CREEK,IDESTREET, NgO"OP,OO"ErR4crR β tt Pttη の ar―R=25訂 銘蒟‰%脇 鴇 鰐膿電ケツ″脚
△=47°33.00・
C8‐S66・ 13'30・EC=2016'
L=20f・ 」
″F′J…““
1協 ど冽イ"お r―切π
“
り
′■47 aα tt J,′κ″4J´イ`ぴ蒸璃霧蒻戸謬
1ゆ
25_00'
~CB=S57・ 52'16'～へr
C=22.36'
L=23.18。
一一~￢フ// ■―
/ x_
l xxlB
NOTES:
1. BEARINOS SHOWN HEREON ARE ttED ON THE NORTHL`NE OF TttT 2, Pい T OF CREEKSIDE CO)お VERC= PARKWEST―UNrr tWO, PLAT B00X 35, PACE 43 と 44, PU3LICRECORD OF COtuER COun, F■ORIDA・ WHERttN SA10NORTH じNE OF TRACT 2 BEARS N00・ 00'CO・ E.
=HiS Sκ rrCH ooES NOT MAKE ANY REPRESENTAnON ASTO ZONING OR OEVELCPMEM RESTRICnONs oN THESU8JECT PARCEL
PARCCt CONTAINS 13.195 SQUARE FECr
く0.302 ACRCSD MORE OR ESS.
NOT VAuO wITHour oESCR:PnON CN SHE= 20F 2.
THIS IS NOT A SURVEY
κCMN M. RISCASSl (FOR THE F:RM LB-642DPROFESS10NAL StlRVEYOR AND MAPPERFLOR10A CER■日CATE NO. 6433
DAIE SICNEO:
NO了 VABD WTHOUT THE SICNATURE ANO IHEOR:GlNAL RAISED SEAL OF A FLOR:DA口 CENSEDSURVEYOR AND MAPPER
―一一――十一~弓
PO:NT OFBEG:NNING111
"°"弘 、1'解 勝
____上 ___
1鑢 鶴 巫 瞥 ″"l11l1l ιοr′′
l…%圏 縄%″"FORT贈 1鰤
ENGINEERING
EXIIIBIT“A"
Page 4 of5
Paqe ll of 14
Form 3740GROW Rev. 07/31/12
EXIIIBIT“A"
Page 5 of5
DESCRIPTION
A PARCEL OF IANO BEING PART OF TRACT 2 OF CREEKSIOE COMMERCE PARK WEST _ UNII
TWO RECORDED IN PLAT BOOK 35, PAGES ,{-} AND 44 IN THE PUBLIC RECOROS OF COLLIER
COUNTY, FLORIDA" LYING WITHIN SECIION 27, TOWNSHIP 4A SOUTH, MNGE 25 FAST, AEING
MORE PARTICULARLY DESCRIBED AS FOLLOY/S:
COMMENCING AT THE NORTHWEST CORNER OF S,{O TRACT 2 ALSO BEING ON THE
SOUTH LINE OT TRACT R (CREEKSIDE PARKV/AY) AS SHOWN IN SAID CREEKSIDE
COMMERCE PARK WEST _ UNTT TWO THENCE RUN NgO'OO,OO"E
',LONG
SAID UNEFOR 195.95 FETT TO THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING CONT'NUE ALONG SAID UNE fiE FOLLOWNG T\YO(2) COURSES: NgO'OO'OO"E FOR 2,44 rEET TO A pOtNT OF CURVATURE; THENCE
ALONG THE ARC OF A CURVE TO THE RIGHT, RADIUS OF 25.OO FEET, (DELTA,17'33'OO) (CHORD BEARTNG S66'13'3O"E) (CHORD OISTAITCE 20.16 FEET) FOR20.75 FEEr TO AN INTERSECNON U/[IH A NON-TANGENT LINE ALSO SEING THE
WEST LINE OF A 5.OO FOOT WIDE TLORIOA POWER & UGHT (FPL) EASEMENT
RECOROEO IN OFFICIAL RECOROS BOOK 668. PAGE JA5 IN SAID PUBLIC RECORDS;
THENCE RUN SO5'34.16"E ALONG SAID WEST LINE FOR 645.A1 FEET TO AN
INTERSECTION WTTH A NON_TANGENT CURVE AND THE NORTHERLY UNE OF SAID
TRACT R (CREEKSIDE BoULEVARD): THENCE ALoNc THE NoRTHERLY UNE oF sAJo
TRACT R ALONG THE ARC OF A CUFII/E TO THE RICHT, RADIUS OF 25.OO FEET,
(oELTA 53',O7'36') (CHORD BEARTNG S57'52'161t/) (CHORO DTSTANCE 22.36 FEEAFOR 2J.1a FEET TO AN INTERSECTION WITH A NON-TANGENT LINE; THE|ICE
DEPARTING THE NORTHERLY LINE OF SAID TRACT R RUN NO5'34'16'\Y FOR 665.92
FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 13,195 SQI.,IARE FEEI OR O.JO2 ACRES MORE OR LESS,
BEARINGS SHOWN H€REON
'.RE
BASED ON ftE NORTH UNE OF TRACT 2, PLAT OF
CREEKSIDE COMMERCE PARK VYEST-UNIT TWO, PLAT BOOK 35, PAGE +3 & 44, PUBUC
RECORD OF COLUER COUNTY. FLORIDA WHEREIN SAID EAST UNE OF TRACT 2 BEARS
N90'OO'OO"E.
NOT VAL:D WImOUT sHEET 1 0F 2.
FORT響 厨逓響喜零顧165●
ENGINEERING
UT:LlTγ EASEMENT F2DESCR:PT10N
彎ェ綱ァ|::11:り:::。.フ r場 為 25 191tfsぃ ぃ。
Paqe 12 of 14
Form 3740GROW Rev. 07/31/12
EXIIIBIT“B"
Plans as provided(lo be attached)
Paqe 13 of 14
Form 3740GROW Rev. 07/31/12
EXHIBri
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CONSTRUCTION PLANS
24∥IQ WATER MAIN
NCWRF TOIMMOKALEE ROAD
戸OP
COLLIER COUNTY UTILITIES
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COLLIER COUNTY,FLORIDA
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LOCATION MAP
7N7「SFor lnformotion Regording
This Project, Contoct:
DESIGN CONSULTANT
DAVID BRTCE TROUTEAUD, PE (tO Uoin)
WAYNE WILDEY WRIGHT, PE (Elec. Plons)01ENGINEERING
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STANDARD DETAIL NOTES:
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ABBREV AT10NS GENERAL ELECTRICAL NOTES
C/B
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100
'01102
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,20/AC′翻Zノ l PHASE
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- - -ao- -
E-08uU関 日
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ROD TEST VVELL DETA L(TYP)
FENCE POST/GAttE BONDING DETAlL
PUMP SttA丁 10N LIGHTNINC PROttEC丁 10N_DEttAILS SHEET N0WW-9C
COMPACTLOGIX SPECTRUM PLC ANALOGINTPUTS WTH HART
NTS(,P)
6'ALUM, CHANNE-
LENGN ANO NUMAM
AS REQUIREO
(4) 1/2'ora 3r6ss
CONCREI FASENERS
12'SO. x 1,/2'MlN. &UUPL^[ (m. OF 2)
MOV ACTUATOR INSTALLAT10N―ELECTRICAL RACK‐PLAN VIEVV
NTS(TYP)
MOV ACTUATOR JB
MOV ACTUATOR WiRING DIAGRAM
NTS(π P)
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POST(r、P oF 2)
1/2・ 316 SS
rHRU BOLT(■P)
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UNDERGROUND CONDUIT:NSTALLAT10N
(COLLIER COUNTY STD NP-03,REV APR 2008)
NTS ITYP)
薮卜
CONDUIT SHALL BE CROUNDED ⅧTHlNSuLATED CROUNDING BuSHlNCS SIZE
AND Nυ MBER AS REQUIRED
CROUNDINC CONDuCTOR
METALLIC CONDUIT
SERVICE ENTRANCE PANEL CONDUIT GROUNDiNG
NTS(WP)
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GROUND CABLE CONNECT:ON
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TYPE ''TA'. EXOTHERMiC CADWELDCONNECT10N OR OTHER CONNECTORS
L STED AS CROUNDINC AND BONDINC
ED¨03
1∩Hヽ R∩NENGlNEERING
EXIIIBIT“C"
NOTIFICAT10N OF FPL FACiLITIES
of Meeung/COnlact
NumberName:
FPL Repruentalive Phone:
Developer/Conlract0r Represenlalive FPL Work RequestttWork Order#;
FPL calls your altenlion to the fact that thete may be eoe8ized, high voltage elecldc lines, bolh overhead and undaground, located ln the area of this proJect. lt is
imperalive that you visually survey the area and that you slso lak6 the neessary steps to identify all ovorhoad and undergound facilitios prior to commencing
conslrucllon to detemine vhelhsr lhe conslruclioo of aoy proposed lmproyements \vill bring any porson, tool, machinery, equlpment or obiect doser to FpLi
poffer,ines lhan the OsHA-ptesuibed limits. lf it \fi|l, you must either re{eslg0 your project to alloir it to be built safely given tho pre,existing po,ver lln6 localion,
olmake arangsmenls with FPLto eilher deenergiz€ and ground ourfacilities, or relocat€ th6m, possibly at yourexpense. You must do thls bsfore allowlng any
conslroctlon near lhe power lines. lt is impossible tor FPL to knc? or predict wielher or not tho contraclors or subconlractors, and thek employees, will operate
or use ffanes, dlgglng apparatus or olher mobile equipment, or handle maledals or loois, in dangerous proximity to sudl por/6r lln6s dr,dng the course of
construction, and, lf so, when and vrhele, Thereforc, if lt becomes necessary for any conlraclor or sub@nlractor, or their emdoyees, to operale or handle cranes,
digging appatatus, draglines, mobilo equipmert, or any olher equlpment, toob or malerials in such a manner that th€y mighl com6 cl06et to underground or
oyerhead powsr lines lhan ls permitted by loc€l, state or ,ederal regulations, you and any such conlraclor or subconlraclor must notify FPL ln witing o, sudl
planned operation pior to tho commencement lhereol and mako all necessary anangements wilh FPL in order to carry oul tha work lo a sale manner. Any r.rork
h lhe vlclnlty ofthe eleclrlc lines should be susponded until lhs6e arrangemerts are flnallzed and lmplementod.
The Naliotal Elecltical Safety Code ('NESC') prescdbes minimum dearances hat must bo mainleifled, lf you build your slructure so thal those dearances cannot
b€ malntalned, yox may be requhed to compensale FPL for the relocalion o, our facilities to comply vith lhose clearances. As sud, you should contact FPL prior
lo commendng @nslructlon near pre€xisting underground or overhoad po,yer lines to make sure lhat your proposed improvement does nol implnge upon the
NESC dearances.
tt ls your responslbiiity and the responsibility of your conkactom and suboontractors on lhis prcject to diligenUy fulfill the follo+ring obligalions:
1. Make absobtely cerlain that ail persons responsible for operating or haidling cra0es, digging apparatus, draglin€s, motilo equipment or any
equipme0l, tml, or matedal capablo of contacling a polver lin€, are in complianco with all appiicabls state and lederal regulatlons, including but
not llmited to U.S. Department of Labor OSI-IA Regulations, *trile performing lholr soft.
2. Make suIs that all cranes, digging apparalus, draglines, mobile equipment, and 8ll olher equlpment ormaterials capable ofcontacting a
power line havs atladred to them any vraming sig0s ,equired by U.S. Department of Labor OSI-IA Regulalions.
3. Post and maiolaln proper warning signs and advise all employees, new and old alike, of lheir ouigauon to keep themselves, their tools,
materials and Eulpment av/ay from po'ver lines per lhe folloring OSIIA minimum approadl dlstances (refer to OSHA regulatlons for reslrictions):
'Ps{ier Une Voltaoes "PefsguglaldlgipCIgd Cranes and Derdd<s Travel under or nsar Por,rer Lines (on construclion sit€s. no load}
(29CFR1910.333ard1926.600) (29CFR1926.1407,1408) (29CFR1926.600-Equlpmsnt) (1926.1111-CranosandDsrlck)
0 - 750 volts 10 Fest 10 Fe€t 4 Fe6t 4 Feet
751‐50,OID volis
69,CKXl volts
l15,u10 vOlls
138,000 volも
230,000 volts
XQ000 VOlお
10 Feet
l'Feet
13 Feet13 Feet 15 Fぬ
16 Feet 2KI Feet
25 Feol 25 Feet
10 Feet 10 Feet
10 Feet 10 Feet
10 Feet
15 Feet
15 Feet
4 Feel
10 Feet
10 Feet
6 Feet
10 Feet
10 Feet
16 Feet 16 Feel
Ii新 欄艦聞鵬翻盟瀾棚淵吼蹴瀧潔機譜樹響棚響F鞘 恩調TMT焼 紫蹴胤 線。
4 All excavalors are required to conlact he Sunshine Slale One Ca∥of Florda,phone number l.8m432 4770 or 811 3 minlmum ol tЮ workin9 days
leXCludhgweekends)h adVanOeoloommencementofexcava∥on to ensure fad∥ues are iocated a∝uralely
5、 Condud d∥ocaJons and excava∥ons h acco7danCe tvltt lhe Flonda Slatule 556 of tte Under9了 Ound Fad∥ues Damage Preven,"&Saleり Act and dl
local dty and county ordhances lhat may app y
6. When an excava∥on t lo take,aCe輌 hh a lobrance zone,an excavalor shJl use hcreased cau∥on lo prolect under9Ю und laoⅢes.
The prolecton咽 jres hand d99ing,pOt hdi電 ,sofl dg9in9,vacuum methodsl ordm∥ar,mcedures lo denl,underground lad∥ues.
A copy Ofthゝ nottncao00 must be卿翻ded by you Ю each∞nlracbr and subconlracloron thも prolect,lo be shared輛 h ttdrsupe面 sbn and em口 oyeeS"OrtO
commendng work ont∥spttd`
ireans by whidr lhb mlifrcalion was provHed to atstoaner and/orcortrador Addi、
FPL RepNnlati€ Sbnatur€
CuslomerDevebperrConmctOrRepresenlarve slnamfe
F∝n360(Rev lκV121
Paqe 14 of 14
Form 3740GROW Rev. 07/31/12