Backup Documents 09/26/2017 Item #16C4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI e . 1
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TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to th .o to Office 1
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County tto later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 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#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney ,
a..43 `�-, .C)
2. BCC Office Board of County ��� ����`
Commissioners S Z
3. Minutes and Records Clerk of Court's Office 1_,�Q51 11 3:2
Spn
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 Cindy M. Erb Phone Number 239-252-8917
Contact/ Department
Agenda Date Item was \k'' \-2-0
oL' ' Agenda Item Number ! j
Approved by the BCC 11 /CP
Type of Document Number of Original
Attached Documents Attached 4
PO number or account Account: Fund , Cost Center—
number if document is Object Code 649030,Project
to be recorded GtI Ck
INSTRUCTIONS & CHEC _
Initial the Yes column or mark"N/A"in the Not Applicable colump ' ichever is Yes N/A(Not
appropriate. (Initial) Applicable)
I. Does the document require the chairman's original signature9 0 / Cm 2,
2. Does the document need to be sent to another agency for add•'onal signatu s? I yes N/A
provide the Contact Information(Name;Agency;Address;Phone . .• ..• s=c eet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
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/A
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 N/A
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 (>111
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 aw of your deadlines!
8. The document was approved by the BCC on y 1 Le 11 ,and all changes
made during the meeting have been incorporated in t e attached document. The (I�,t/�6
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 �,tj
Chairman's signature. ��
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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16C4
INSTR 5453462 OR 5435 PG 3570
RECORDED 9/29/2017 4:13 PM PAGES 7
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
This Instrument Prepared By: REC$61.00
Mark L. Byers
Florida Power& Light Company
P.O. BOX 1119
Sarasota,FL 34230
MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT
22 THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this
day of 4 k 2017, 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 3335 Tamiami Trail East, Suite 101, 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:
2f
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 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 162, at Page 205, O.R. Book 432, at Page 726, and O.R.Book
429,at Page 354 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
16C4
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:
FLORIDA POWER& LIGHT COMPANY
By: /7. 2"la./
Simtu e / Its: Corporate Real Estat anager
4,JLE Y ' g`1 t re Print Name: Mark L. Byers
Name(Print):
'Lastelf - 0.0--otA
Signature
Name (Print):
State of Florida )
)ss:
County of Sarasota )
On this c day of u , 2017, before me, the undersigned Notary Public,
personally appeared Mark L. Byers, Corpprate 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 ha and official seal.
(seal) l
S TAR P LIC, STATE OF FLORIDA
Print Name: 6-4-cc/ex/9. & re k----
Commission No.: P'% STANLEY A.SHAREK
MY COMMISSION#G054118
My Commission Expires: oe,° EXPIRES:December 11,aozo
(Execution continued on next page.)
16C4
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,AS THE.
E.
GOVERNING3ODY OF COLLIER
COUNTY AND AS THE,EX-OFFICIO
GOVERNING BOARD OF THE COLLO
COUNTY WATER-SEWER;_PIST11. }"
' , Ir;t,lt>>s;1W
a
DWIGH E.BROCKtC1erk
nn
BY: U L} BY:
Deputy TA OR, C
Attest estn e'ai • rn's, PENNYHAIRM•
signature.anli.`r APPROVED AS TO FORM&LEGALITY
BY:
Assistant County Att ey 4
Nta
q6`
Memorandum of Right-of Way Consent Agreement Form
Rev.03.09.2012
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KENSINGTON PARK MSTR ASSN INC S89°51'14"W 15.00'
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• NOT A SURVEY P.O.C.
INTERSECTION OF THE SOUTHEAST CORNER OF THE
N I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK
AND BELIEF, THAT THE LEGAL DESCRIPTION AND 4105, PAGE 2035, COLLIER COUNTY, FLORIDA p,
ATTACHED SKETCH WERE PREPARED IN ACCORDANCE AND
z WITH THE APPLICABLE PROVISIONS OF CHAPTER THE WEST RIGHT-OF-WAY OF LIVINGSTON RD
c5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
o TO CHAPTER 472, FLORIDA STATUTES.
NOTES:
p DigltallysgneEbyBanyE.Syren 1. BEARINGS SHOWN HEREON ARE BASED ON THE WEST
O DN:cn=Barry E.Syren,wbhnson Engineeri,g,Inc,
Barry Syren W=VSM5365,email=be @johnonengcom,c=US RIGHT-OF-WAY OF LIVINGSTON ROAD, WHEREIN SAID WEST
a Date:aon.os.zon:n:aooeoo ____ RIGHT-OF-WAY BEARS S.00'08'46"E.
• BARRY E. SYREN (FOR THE FIRM L.B. 642) 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO
- PROFESSIONAL SURVEYOR AND MAPPER ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT
i FLORIDA CERTIFICATE NO. 5365 PARCEL.
3. PARCEL CONTAINS 30,229 SQUARE FEET (0.69 ACRES) MORE OR
.o DATE SIGNED: _6.124/2017 __ LESS.
4. P.O.C. = POINT OF COMMENCEMENT
i 5. P.O.B. = POINT OF BEGINNING
- NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL 6. ORB = OFFICIAL RECORDS BOOK
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR 7. PG = PAGE
i AND MAPPER. 8. NOT VALID WITHOUT SHEETS 1 THROUGH 4 OF 4.
` JOHNSON ENGINEERING, INC. SKETCH TO ACCOMPANY DESCRIPTION
JOHNS
Cr� 2350 STANFORD COURT SECTION 13,TOWNSHIP 49 SOUTH,RANGE 25 EAST
NAPLES, FLORIDA 34112 COLLIER COUNTY, FLORIDA
PHONE: (239) 434-0333
FAX: (239) 334-3661
ENGINEERING E.B. #642 & L.B. #642 DATE PROJECT NO. FILE NO. SCALE SHEET
06-19-17 20149700-105 13-49-25 1"=60' 1 OF 4
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NAPLES, FLORIDA 341 t2
PHONE: (239) 434-0333 COLLIER COUNTY,FLORIDA
FAX: 334-36614 DATE PROJECT NO. FILE NO. SCALE 'SHEET
ENGINEERING
E.B. #642542 do L.B.B. #642
06-19-17 120149700-105 13-49-25 1"=60' 2 OF 4
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O�� T a
JOHNSON AN OEDRSKETCHN ACCOMPANY DESCRIPTION
AS
J l� 2350 STANFORD COURT SECTION 13,TOWNSHIP 49 SOUTH, RANGE 25 EAST
NAPLES, FLORIDA 34112 COLLIER COUNTY,FLORIDA
PHONE: (239) 434-0333
FAX: 334-3661 4 DATE PROJECT NO. FILE NO. SCALE
ENGINEERING
E.B. #642642 & LL.B.B. #642
06-19-17 120149700-105 SHEET
1"=60 13-49-25 I ' 3 OF 4
1 6 04
DESCRIPTION
PARCEL OF LAND
SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A TRACT OR PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHEAST CORNER OF THE LANDS AS
DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA AND THE WEST RIGHT-OF-WAY OF LIVINGSTON ROAD,
THENCE 5.89'51'14"W. DEPARTING SAID WEST RIGHT-OF-WAY, A DISTANCE OF 155.00
FEET ALONG THE SOUTH LINE OF SAID DESCRIBED LANDS TO AN INTERSECTION WITH
THE EAST LINE OF A 125 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 429, PAGE 354, OF SAID
PUBLIC RECORDS; THENCE N.00'08'46"W. ALONG THE EAST LINE OF SAID EASEMENT,
A DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING, THENCE S.89°51'14"W. DEPARTING SAID EAST LINE,
o A DISTANCE OF 62.18 FEET; THENCE N.00'25'57"W., A DISTANCE OF 93.70 FEET;
THENCE 5.44°39'29"W., A DISTANCE OF 50.98 FEET; THENCE S.00'O8'46"E., A
DISTANCE OF 65.03 FEET TO AN INTERSECTION WITH SAID SOUTH LINE OF SAID
DESCRIBED LANDS; THENCE S.89'51'14"W. ALONG SAID SOUTH LINE, A DISTANCE OF
15.00 FEET; THENCE N.00'08'46"W. DEPARTING SAID SOUTH LINE, A DISTANCE OF
71.21 FEET; THENCE N.44°39'29"E., A DISTANCE OF 65.06 FEET; THENCE
N.00'25'57"W., A DISTANCE OF 1,214.92 FEET; THENCE N.44'34'03"E., A DISTANCE
OF 91.57 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID DESCRIBED
LANDS; THENCE S.89'22'52"E. ALONG SAID NORTH LINE, A DISTANCE OF 7.13 FEET
TO AN INTERSECTION WITH THE EAST LINE OF THE AFOREMENTIONED FLORIDA POWER
AND LIGHT COMPANY EASEMENT; THENCE 5.00°14'52"E. ALONG SAID EAST LINE, A
DISTANCE OF 21.09 FEET; THENCE S.44°34'03"W. DEPARTING SAID EAST LINE, A
i DISTANCE OF 73.27 FEET; THENCE S.00'25'57"E., A DISTANCE OF 1,301.60 FEET;
0 THENCE N.89'51'14"E., A DISTANCE OF 47.26 FEET; THENCE S.00'08'46"E., A
DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING.
d
CONTAINING 30,229 SQUARE FEET OR 0.69 ACRES, MORE OR LESS.
V
BEARINGS SHOWN HEREON ARE BASED ON THE WEST RIGHT-OF-WAY OF LIVINGSTON
ROAD, WHEREIN SAID WEST RIGHT-OF-WAY BEARS S.00'08'46"E.
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J o H N s Cal JOHNSON ENGINEERING, INC.
�� 2350 STANFORD COURT DESCRIPTION
NAPLES, FLORIDA 34112
PHONE: (239) 434-0333
FAX: 642 334-3661
ENGINEERING DATE PROJECT NO. FILE NO. SCALE SHEET
E.B. #642 do L.B. #642 06-19-17 120149700-1051 13-49-25 I N/A I 4 OF 4
Structure No.: 143M5,266M3,A266M3, 143M6,266M4,A266M4 1 6 c4
Section,Township,Range: 13-49-25 +
Easement No.: 8A-84,98,99
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 O.R. Book 162, at Page 205,
O.R. Book 432, at Page 726, and O.R. Book 429, at Page 354, 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 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"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 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 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.
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
Form 3740GR0W Rev. 07/31/12
Page 1 of 10
rr �
1604
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 finger roads are to be buried at a minimum depth of one (1) foot below
existing road grade.
8. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the
electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high
voltage electricity and agrees to use all safety and precautionary measures when working under or near
Company's facilities. 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.
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
Form 3740GR0W Rev. 07/31/12
Paqe 2 of 10
1604
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
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
Form 3740GR0W Rev. 07/31/12
Page 3 of 10
160 •4
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
Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions
contained herein.
Form 3740GR0W Rev. 07/31/12
Page 4 of 10
1604
15. The use granted herein as shown on Exhibit "B" 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 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 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 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 3740GR0W Rev. 07/31/12
Page 5 of 10
16C4
Executions on following page (1,j,,
The parties have executed this Agreement this 4 day of
,2017•
Witnesses: FLORIDA PO ER& L1 HT COMPANY
By: i4/
Signature: AWE
//�� Its: Corporate Real Estat anager
Print a e: `WET 4 . 27/1/4Print Name: Mark L.Byers
l� 1'" tea.
4ignature: r
Print Name: -b/c Jed.-
Approved and accepted for and behalf of Collier County,Florida,this las day of)993:417,61e,2017
2Co
(Official Seal)
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,AS THE
GOVERNING BODY OF:COLLIER COUNTY
AND AS THE EX-OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT •
N\�
DWIGHT E.BROCK,CI:a
4•h
BY: ti.( Q.0 s BY: i
• .. Deputy Cl- A
Attest as to Cha , PENNY TAYR, CHAIRM•
, •
signature only., APPROVED AS TO FORM&LEGALITY
BY: fC
Assistant County A ey o
s( ).
Item# I(ON-
da 4,11.1
.
Date ri
Recd -I' "n
9'•uty t
Form 3740GR0W Rev. 07/31/12
Page 6 of 10
��J
ADDENDUM 1 6 C 4
• 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,and its employees,agents and contractors will keep a safe distance from all energized
facilities and maintain all OSHA requirements to the 138kv and 230kv transmission lines within
the Lands.
• Licensee will not dig a trench greater than 5 feet deep when working adjacent to Company
transmission pole structure# 143M5.
• Licensee will not disturb any of Company's existing guy wires or anchors.
Form 3740GR0W Rev. 07/31/12
Page 7 of 10
16C4
EXHIBIT"A"
Legal Description—TO BE PROVIDED
Form 3740GR0W Rev. 07/31/12
Page 8 of 10
16C4
MAT HLINE� HEFT 2
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in N
N O PARCEL No. 00258974001
CD C.
LII4NGSTON PRO CENTER LLC ^
z (ORB 4105, PG 2035) ley--1
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L LINE TABLE F
- LINE BEARING DISTANCE Z
N.
ZS L1 S44'39'29"W 50.98'
N EAST LINE OF 125' WIDE rk
FLORIDA POWER & LIGHT C.../
COMPANY EASEMENT Z
m (ORB 429, PG 354)
(1
‘'S y WEST RIGHT-OF-WAY -
m f PARCEL BOUNDARY I (BASIS OF BEARINGS)
o xi
w N89r51'14"E 47.26'
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S89°51'14"W --N00 08'46"W 7.50'
1 62.18' ' 589'51'14"W 155.00'
o PARCEL No. 52731003023
i KENSINGTON PARK MSIR ASSN INC LS89°5114"W 15.00'
o
(ORB 3302, PG 2824)
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NOT A SURVEY P.O.C.
Y I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE INTERSECTION OF THE SOUTHEAST CORNER OF THE
AND BELIEF, THAT THE LEGAL DESCRIPTION AND LANDS DESCRIBED IN OFFICIAL RECORDS BOOK
4105, PAGE 2035, COLLIER COUNTY, FLORIDA 73
ATTACHED SKETCH WERE PREPARED IN ACCORDANCE AND
• WITH THE APPLICABLE PROVISIONS OF CHAPTER THE WEST RIGHT-OF-WAY OF LINNGSTON RD
N5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
o TO CHAPTER 472, FLORIDA STATUTES. NOTES:
. 1. BEARINGS SHOWN HEREON ARE BASED ON THE WEST
o
o RIGHT-OF-WAY OF LIVINGSTON ROAD, WHEREIN SAID WEST
'6 RIGHT-OF-WAY BEARS S.00'08'46"E.
BARRY E. SYREN (FOR THE FIRM L.B. 642) 2. THIS SKETCH DOES NOT MAKE ANY REPRESENTATION AS TO
- PROFESSIONAL SURVEYOR AND MAPPER ZONING OR DEVELOPMENT RESTRICTIONS ON THE SUBJECT
i FLORIDA CERTIFICATE NO. 5365 PARCEL.
0. 3. PARCEL CONTAINS 30,229 SQUARE FEET (0.69 ACRES) MORE OR
o DATE SIGNED: __6124L2Q12 _- LESS.
4. P.O.C. = POINT OF COMMENCEMENT
- NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL 5. P.O.B. = POINT OF BEGINNING
o
2. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR 6. ORB = OFFICIAL RECORDS BOOK
7. PG = PAGE
i AND MAPPER. 8. NOT VALID WITHOUT SHEETS 1 THROUGH 4 OF 4.
JOHNSON ENGINEERING, INC. SKETCH TO ACCOMPANY DESCRIPTION
JOHNS NAPLES,2350 STANFORD(FLORIDA
IDA4300333 SECTION 13,TOWNSHIP 49 SOUTH,RANGE 25 EAST
COLLIER COUNTY,FLORIDA
FAX: (239) 3 61 DATE PROJECT NO. FILE NO. SCALE SHEET
ENGINEERING
E.B. #66422L.B. #& L.B. #642 06-19-17 120149700-1051 13-49-25 'SCALE
I 1 OF 4
MATCHLINE1SHEET 31, 6 6C14 •
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JOHNSON ENGINEERING, INC. SKETCH TO ACCOMPANY DESCRIPTION
2350 STANFORD COURT SECTION 13,TOWNSHIP 49 SOUTH, RANGE 25 EAST
JOHNS `r NAPLES, FLORIDA 34112 COLLIER COUNTY,FLORIDA
PHONE: (239) 434-0333
FAX: 334-3661 DATE PROJECT NO. FILE N0.
ENGINEERING
E.B. #642642 & L.B. #642 06-19-17 120149700-1051 13-49-25 'SCALE
1"=60' 'SHEET 2 OF 4
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S89°22'52"E 7.13' NORTH LINE OF
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JOHNSON ENGINEERING, INC. SKETCH TO ACCOMPANY DESCRIPTION
1 O � 2350 STANFORD COURT SECTION 13,TOWNSHIP 49 SOUTH,RANGE 25 EAST
`r NAPLES, FLORIDA 34112
PHONE: (239) 434-0333 COLLIER COUNTY,FLORIDA
FAX: 334-3661 DATE PROJECT NO. FILE NO. SCALE
ENGINEERING
E.B. #642642 & L.B. #642 06-19-17 20149700-105 13-49-25 I 1"=60' 'SHEET
3 OF 4
1 6 C4
DESCRIPTION
PARCEL OF LAND
SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
A TRACT OR PARCEL OF LAND LYING IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHEAST CORNER OF THE LANDS AS
DESCRIBED IN OFFICIAL RECORDS BOOK 4105, PAGE 2035, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA AND THE WEST RIGHT-OF-WAY OF LIVINGSTON ROAD,
THENCE S.89'51'14"W. DEPARTING SAID WEST RIGHT-OF-WAY, A DISTANCE OF 155.00
FEET ALONG THE SOUTH LINE OF SAID DESCRIBED LANDS TO AN INTERSECTION WITH
THE EAST LINE OF A 125 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 429, PAGE 354, OF SAID
PUBLIC RECORDS; THENCE N.00'08'46"W. ALONG THE EAST LINE OF SAID EASEMENT,
A DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING, THENCE S.89'51'14"W. DEPARTING SAID EAST LINE,
o A DISTANCE OF 62.18 FEET; THENCE N.00'25'57"W., A DISTANCE OF 93.70 FEET;
THENCE S.44'39'29"W., A DISTANCE OF 50.98 FEET; THENCE S.00'08'46"E., A
DISTANCE OF 65.03 FEET TO AN INTERSECTION WITH SAID SOUTH LINE OF SAID
N DESCRIBED LANDS; THENCE S.89'51'14"W. ALONG SAID SOUTH LINE, A DISTANCE OF
N 15.00 FEET; THENCE N.00'08'46"W. DEPARTING SAID SOUTH LINE, A DISTANCE OF
71.21 FEET; THENCE N.44'39'29"E., A DISTANCE OF 65.06 FEET; THENCE
N.00'25'57"W., A DISTANCE OF 1,214.92 FEET; THENCE N.44'34'03"E., A DISTANCE
OF 91.57 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID DESCRIBED
LANDS; THENCE S.89'22'52"E. ALONG SAID NORTH LINE, A DISTANCE OF 7.13 FEET
TO AN INTERSECTION WITH THE EAST LINE OF THE AFOREMENTIONED FLORIDA POWER
AND LIGHT COMPANY EASEMENT; THENCE S.0014'52"E. ALONG SAID EAST LINE, A
DISTANCE OF 21.09 FEET; THENCE S.44'34'03"W. DEPARTING SAID EAST LINE, A
DISTANCE OF 73.27 FEET; THENCE S.00'25'57"E., A DISTANCE OF 1,301.60 FEET;
THENCE N.89'51'14"E., A DISTANCE OF 47.26 FEET; THENCE S.00'08'46"E., A
N DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 30,229 SQUARE FEET OR 0.69 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON ARE BASED ON THE WEST RIGHT-OF-WAY OF LIVINGSTON
ROAD, WHEREIN SAID WEST RIGHT-OF-WAY BEARS S.00'08'46"E.
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�� 2350 STANFORD COURT DESCRIPTION
NAPLES, FLORIDA 34112
PHONE: (239) 434-0333
FAX: 642 334-3661
ENGINEERING DATE PROJECT NO. FILE NO. SCALE SHEET
E.B. #642 do L.B. #642 06-19-17 120149700-105 13-49-25 I N/A I 4 OF 4
16C4
EXHIBIT"B" •
Plans as provided(to be attached)
Form 3740GR0W Rev. 07/31/12
Page 9 of 10
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EXHIBIT"C" 1 6c4 •
4
FPL. NOTIFICATION OF FPL FACILITIES
CuslomerlAgency. Dale of Meeting/Contact
Developer/Contractor Name Project Number/Name: _
Location of Project City:
FPL Representative- Phone:-_
Developer/Contractor Representative FPL Work Request It/Work Order ii:
FPL calls your attention to the fact that there may be energized,fdgh voltage electric fines,both overhead and underground,located in the area of this project. It is
Imperative that you visually survey the arca and that you also lake 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
paver lines than the OSHA-prescribed limits. If it miil,you must either redesign your project to allow it to be built safely given the pre existing power lino 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,wilt 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 fins 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 preexisting underground or overhead power toes to make sure that your proposed improvement does not impinge upon the
NESC clearances.
ft is your responsibility and the responsibility of your contractors and subcontractors on this project to diligently fulfil 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 stale and federal regulations,including but
not limited to U.S.Department of Labor OSHA Regulations,while pedormirg thew 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 cf tabor 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 EWl>n ie_et Cranes and Derricks Travel under or near Paver Linesion construction siles_no l�
(29 CFR 1910.333 and 1926.800) (29 CFR 1926.1401,1408) (29 CFR 1926,600–Equipment) 11926.1411–Cranes and Derricks)
0.750 volts 10 Feel 10 Feet 4 Feet 4 Feet
751-50,000 volts 10 Feel 10 Feet 4 Foot 6 Feet
69,000 volts 11 Feel 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 Feel
230,000 volts 16 Feet 20 Feel 10 Feet 10 Feel
500,000 volts 25 Feet 25 Feet 16 Feel 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,
"For personnel approaching Insulated secondary Conductors less than 750 volts,avoid contact pewee.,10 Feet to bare ene,gired conductors less than 750 volts).For
qualified personnel and insulated aerial lift equipment meeting requirements of 29 CFR 1910,333,distances may be reduced to those sheen in 29 CFR 1910.333 Table S-f.
4. All excavators are required to contact the Sunshine State One Cal of Florida,phone number 1-800-432-4770 or 811 a minimum of two working days
(excluding weekends)in advance of comanenxment of excavation to ensure(edifies are located accurately.
5. Conduct all locations and excavations in accordance with the Florida Statute 556 of the Underground Fecilities Damage Prevention&Safety Act and all
local city and county adinences 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 prier to
commencing work on this project.
Means by which Sets noc anion was provided to customer andlor contractor Address
FPL Representative Slgnahne Date
—
CuslomenDeeebperiConlrector Reprovuntatve Signature Date
ram 360(Rev.1,$'121
Form 3740GR0W Rev. 07/31/12
Pane 10 of 10