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FPL Memorandum of ROW Agreement _ INSTR 5578698 OR 5527 PG 358 RECORDED 6/28/2018 3:46 PM PAGES 4 This Instrument Prepared By: CLERK OF THE CIRCUIT COURT AND COMPTROLLER Mark L. Byers COLLIER COUNTY FLORIDA Florida Power& Light Company REC$35.50 P.O. BOX 1119 Sarasota, FL 34230 MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this 2/.4\ day of ,,,-,e, , 2018, by and between BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,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: WHEREAS, on theak1,1 day of ' e� , 2018, 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 166, at Page 485, and O.R. Book 513, at Page 197, 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 and operation of a CAT public 10 parking space park and ride with associated dry detention water management system, lighting and landscaping, 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: FLORIDA POWER& LIGHT COMPANY �iir--- . By: X l3 gn e p Its: Co solute Real Esta - • a.er c KGl er- Print Name: Mark L. yers Name (Print): at 1/X2tiL Signature ralkirrrE g 2,'?1uoti Name(Print): State of Florida ) )ss: County of Sarasota ) On this mg, day of 4,1,44.14 , 2018, 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 han. .. 'd official se. (seal) ler •TAR ' PUBLIC, STATE OF FLORIDA ""iN STANLEY A.SHAREK ,Atir MXEXPCOMIRES:MISDecembSION er#GG1154118 2020 Print Name: (�6t�c kT A S-44 Commission No.: 641//g My Commission Expires: A2/4:240 (Execution continued on next page.) ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K.KINZEL, COLLIER COUNTY,FLORIDA INTERIM CL€RKti 1 BY . ()it BY: A Al MtEit S to tt airman's • dy .lis,C an 3 L Lure only. APPROVED AS TO O1 vI, i LEGALITY BY: Coi ty Corney t3 Memorandum of Right-of Way Consent Agreement Form Rev.03.09.2012 EXHIBIT "A" The East half of the Southeast quarter of the Southeas quarter of Section 24 , Township 48 South, Range 25 East, Collier County, Florida. LESS AND EXCEPT the West 3 feet and South 100 feet for right-of-way and drainag easement. Also described as Lots 125 , 126 , 127 and 128 Palm River Estates Extension. SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.