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Backup Documents 09/10/2013 Item #16C 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIT 6 C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be receive in the County Attorney Office no later than Monday preceding the Board meeting. fiF Gf (6('2 _4 U cL11 **NEW** ROUTING SLIP G ` 7� 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. 2. 3. County Attorney Office County Attorney Office 0,56 0.\:3.\\3 4. BCC Office Board of County G K by Commissioners tJ 4,, tII3 113 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff SUE JIM ZIMMERMAN Phone Number 252-2622 Contact/ Department Agenda Date Item was SEPTEMBER 10,2013 Agenda Item Number 16C6 Approved by the BCC Type of Document RIGHT-OF-WAY CONSENT Number of Original 2 tZ Attached AGREEMENT Documents Attached PO number or account - ! number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? SJZ 2. Does the document need to be sent to another agency for additional signatures? If yes, SJZ provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SJZ ✓ signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's t- 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 SJZ document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SJZ signature and initials are required. 7. In most cases(some contracts are an exception), the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on Sept. 10,2013(enter date)and all SJZ changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. • 9. Initials of attorney verifying that the attached document is the version approved by the Q7 BCC, all changes directed by the BCC have been made,and the document is ready for the Ca Chairman's signature. l: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 16C 6 Memorandum TO: Minutes & Records Management FROM: Sue Zimmerman Sr. Property Acquisition pecialist Real Property Management DATE: September 10, 2013 RE: Carica Water Storage and Repump Facility Project— Restroom Addition and Force Main connection Agenda Item 16C6, September 10, 2013 Item 16C6 on the September 10, 2013 Consent Agenda approved execution of the attached Right-of-Way Consent Agreement and Memorandum of Right-of-Way Consent Agreement between the County and FP&L. There are duplicate originals of the Right-of-Way Consent Agreement and one original of the Memorandum of Right-of-Way Consent Agreement. All three documents need to be sent to FP&L for counter-signature. Attached is our transmittal letter to Mark Byers (in open FedEx mailer) together with a return federal express mailer to Martha's attention. Once the duplicate original Right-of-Way Consent Agreement and the Memorandum of Right-of-Way Consent Agreement are fully signed on behalf of Collier County, please forward them to Mark Byers in this mailer dating the letter (blank provided) and the federal express airbill. Mark Byers will return one fully signed original of the Right-of-Way Consent Agreement and the Memorandum of Right-of-Way Consent Agreement to your office. Once you receive the fully signed originals, please process the Memorandum (only) for recording with the Recording Form provided. The recorded original should be returned to your office to be held for safe keeping with the duplicate original Right-of-Way Consent Agreement. If you could, we would appreciate you letting us know when you send out the federal express mailer to Mark Byers, and when this goes to recording or has been recorded. Please contact me if you have any questions or comments at Extension 2622. Thank you. 16C 6 Florida Power&Light Company,P.O. Box 1119,Sarasota,Fl 34230-1119 FPL Telephone: (941)316-6288 Fax: (941)316-6226 Cell Tele: (941)320-8106 Email: Mark_L_Byers @fpl.com Fed-Ex: 1 177 North Lime Ave. Sarasota, FL 34237 September 17, 2013 Sue Zimmerman Collier County Real Property Management Section Facilities Management 3299 Tamiami Trail East Naples, FL 34112 RE: Carica Water Plant—FPL Consent Agreement Dear Sue: Please find an original and fully executed Memorandum of Right of Consent Agreement and Right of Way Consent Agreement. Once the Memorandum is recorded,please forward a copy to me for my files. If you should have any questions or require further assistance, do not hesitate to contact me. As always, it has been a pleasure to work with you. Best Regards, Mark L. Byers Area Real Estate Manager Enclosures ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI, 6 C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. //�„ **NEW** ROUTING SLIP red Elf- 16i,,j - c - Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the ument is already co lete 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. 2. 3. County Attorney Office County Attorney Office c>t 'i3,/3 4. BCC Office Board of County ,R Commissioners ^735p / x'13/13 5. Minutes and Records Clerk of Court's Office Ali q' ! 13 \21)(i/44- 2 1 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff SUE JIM ZIMMERMAN Phone Number 252-2622 Contact/ Department Agenda Date Item was SEPTEMBER 10,2013 Agenda Item Number 1 6C6 ✓ Approved by the BCC Type of Document MEMORANDUM OF RIGHT-OF-WAY Number of Original 1 17 Attached CONSENT AGREEMENT Documents Attached PO number or account 412/273512/710671.5 number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? SJZ 2. Does the document need to be sent to another agency for additional signatures? If yes, SJZ provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SJZ signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's S)Z N) 1-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 SJZ document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SJZ signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A V. should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain _ time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on Sept. 10,2013(enter date)and all SJZ changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for they ? 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 16C6 This Instrument Prepared By: Florida Power&Light Company P.O.BOX 14000 Juno Beach,FL 33408 Folio No.00238681107 MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this day of September, 2013, by and between BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX- OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing address is 3299 Tamiami Trail East,Naples, FL 34112 (hereinafter referred to as "Licensee"), and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department (hereinafter referred to as"Company"). WITNESSETH: WHEREAS, on the 1041day of September, 2013, Company and Licensee entered into a written Right-of-Way Consent Agreement (hereinafter referred to as the "Agreement") related to certain property situated in the County of Collier, State of Florida as more particularly set forth in said Agreement and described in Exhibit "A" attached hereto and made a part hereof and hereinafter referred to as the"Lands",and WHEREAS, the parties are desirous of placing their interest therein as a matter of public record. NOW THEREFORE, in consideration of the mutual covenants herein contained and the parties intending to be legally bound thereby,the parties hereto agree as follows: 1. The property described in Exhibit"A" is subject to a right-of-way in favor of Company recorded in O.R. Book 30, Page 27 of the Public Records of Collier County, Florida. 2. The Agreement provides, among other things, Licensee's right to construct certain improvements upon the Lands including, but not limited to, the purpose of a waste water pipe crossing, subject to certain conditions and restrictions. 3. Licensee may assign its rights and obligations under this Agreement to a solvent party upon written consent of the Company, provided that said party assumes the obligations under the Agreement and specifically acknowledges and agrees that the use of the property and improvements to be placed on the property are strictly limited to those depicted on a certain plan of improvement and are otherwise subject to the terms of the Agreement. �l,r� 16C b IN WITNESS WHEREOF,the parties have executed this Memorandum of Agreement on the date hereinabove written. Witnesses: FLORIDA POWER&LIGHT COMPANY By: Signature: Its: Area Real Estate Manager Print Name: Print Name: Mark L. Byers Signature: Print Name: State of Florida ) )ss: County of ) On this day of , 2013, before me, the undersigned Notary Public, personally appeared Mark L. Byers, Area Real Estate Manager of Florida Power & Light Company, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized to do so. In Witness Whereof, I hereunto set my hand and official seal. (seal) NOTARY PUBLIC, STATE OF FLORIDA Print Name: Commission No.: My Commission Expires: AS TO LICENSEE: A1'KEW,7)0.^ BOARD OF COUNTY COMMISSIONERS ,...... �' COLLIER C f UNTY, F ORIDA DWIGHT E:JBR.00K,Clerk L� � BY: ► A testas to.Chairjuan's D "erk GE S T IA . HILLER, ESQ.,Chairwoman signattire'Oniy' APPROVED AS TO FORM AND LEGALITY BY: Print: Si 1.1 na 1 A , (3 £ L.P 17=Lo Assistant County Attorney Memorandum of Right-of Way Consent Agreement Form Rev.03.09.2012 16C6 LEGAL DESCRIPTION: PARCEL ONE: Commence at th theast corner qo ction 3, Township 49 South, Range 25 Ea t, caner Coun , Fl�Ori a; thence south 89 degrees 28 minute 3 s4k�`• •s •.es - long`th North line of said Section 3, 50.0 f et n• - `j• - ee 28 minutes 30 seconds west, 200x0 'lir t� •, - .�� ; • . • .gi ning; thence south 89 degrees 28 min 0 - - • ; -st1 •4 4 feet to Florida Power and Light E s) - . - , ce-- -• , aid line south 6 1 degrees 46 minute ' ' seconds west`s 34 . • ' eet; thence south 80 degrees 39 minutes seconds east _.. d s e of 559.61 feet to a point on a curve co O� to the nor =- `,✓ thence along the arc of said curve 435.68 'fry said cure= --v ng a radius of 2315.48 feet, a delta of 10 de - - - „ � seconds and a chord of 435.04 feet bearing nort 0WIN(das minutes 05 seconds east to a point of tangency; thenZ�` th 01 degrees 26 minutes 20 seconds west a distance of 3.99 feet to the point of beginning. Said parcel containing 5.0 acres more or less. II, PARCEL TWO: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA AND RUN SOUTH 89'50'32" WEST ALONG THE NORTH UNE OF SAID SECTION 3, A DISTANCE OF 791.36 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 07'08'12" WEST, A DISTANCE OF 301.23 FEET; THENCE RUN SOUTH 8915212" WEST, A DISTANCE OF 75.24 FEET; THENCE RUN NORTH 06'37'57" EAST, A DISTANCE OF 31.82 FEET; THENCE RUN NORTH 0737'57" EAST, A DISTANCE OF 269.64 FEET TO A► :^ ° . 1 ON WITH SAID NORTH LINE OF SECTION 3; THENCE RUN N• : '► 1;' i j ALONG SAID NORTH UNE, A DISTANCE OF 73.17 FE �LP�' SAID ' BEGINNING. CONTAINING 0.51 ACRE' OF� N8; 0 LES . EXHIBIT_. Page_.-of —1---- €.1) 16C6 Structure No.: 86M4,86M5 Section,Township, Range: 3-49-25 Easement No.: 2J-1 RIGHT-OF-WAY CONSENT AGREEMENT (Governmental Entity) FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department, hereinafter referred to as "Company", hereby consents to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing address is 3299 Tamiami Trail East, Naples, FL 34112, hereinafter referred to as "Licensee", using an area within Company's right-of-way granted by that certain agreement recorded in Book 30, at Page 27, Public Records of Collier County, Florida. The said area within Company's right-of-way, hereinafter referred to as "Lands", is more particularly described on Exhibit "A" attached hereto. The use of the Lands by Licensee shall be solely for the purpose of a waste water pipe crossing as shown on the plans and specifications submitted by Licensee,attached hereto as Exhibit "B". In consideration for Company's consent and for the other mutual covenants set forth below, and for Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the parties hereto agree as follows: 1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee does not own said Lands; to obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal, state,and local laws,ordinances,rules and regulations applicable or pertaining to the use of the Lands by Licensee pursuant to this Agreement. 2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devices, or improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest, Company from time-to-time may require Licensee, to relocate, alter, or remove its facilities and equipment, including parking spaces and areas, and other improvements made by Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove said facilities, equipment, parking spaces and areas, and other improvements within thirty (30) days of receiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and expense of Licensee and at no cost and expense to Company; provided however, should Licensee, for any reason, fail to make such relocation, alteration, or removal , Company retains the right to enter upon the Lands and make said relocation, alteration, or removal of Licensee's facilities, equipment, parking spaces and areas, and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand. Form 3740GEOW Rev. 07/31/12 Page l of 7 16C6 3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14)), petroleum products, liquids or flammables shall be placed on, under, transported across or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous condition,then upon notification by Company, Licensee shall, within seventy-two(72)hours, at its sole cost and expense, correct such condition or situation; provided however that the Company retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement. 4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen (14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein, shall be made which will result in preventing Company access to its facilities located within said Lands. Unless otherwise provided herein, Licensee agrees to maintain a one hundred and fifty (150) foot wide area, clear of any activities, with a lineal measurement of seventy five (75) feet on each side of the centerline of Company's existing and planned facilities. 5. Licensee understands and agrees that the planting of trees, shrubs, and other foliage capable of exceeding fourteen(14)feet in height at full maturity is not permitted within Company's Lands. 6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height of fourteen(14) feet above existing grade and all poles or standards supporting light fixtures are to be of a non-metallic material. 7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and 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. Form 374OgROW Rev. 07/31/12 Page 2 of 7 16C 6 11. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for all cost and expense involved with such relocation, rearrangement or change. 12. Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees subject to the limitations contained in Section 768.28, Florida Statutes, if applicable, to indemnify and save harmless Company, its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees(hereinafter referred to as the"FPL Entities"), from all liability, loss, cost, and expense, including attorneys' fees, which may be sustained by FPL Entities to any person, natural or artificial, by reason of the death of or injury to any person or damage to any property, arising out of or in connection with the herein described purposes by Licensee, its contractors, agents, or employees; and Licensee agrees subject to the limitations contained in Section 768.28, Florida Statutes, if applicable, to defend at its sole cost and expense and at no cost and expense to FPL Entities any and all suits or action instituted against FPL Entities, for the imposition of such liability, loss,cost and expense. 13. Licensee shall, and shall cause each of Licensee's contractors and subcontractors performing work in connection with the Project during the period of this Agreement, to procure and maintain at Licensee's and such contractors' and subcontractors' sole expense, the following minimum insurance, with insurers with a rated "A-, VII" or higher by A.M. Best's Key Rating Guide that are licensed to do business in the State of Florida, or as may be approved in writing by COMPANY's Risk Management Department from time to time: (i) Workers' Compensation Insurance for statutory obligations imposed by applicable Florida law, including, where applicable, the United States Longshoremen's and Harbor Workers' Act, the Maritime Coverage and the Jones Act; (ii) Employers' Liability Insurance, including Occupational Disease, shall be provided with a limit of One Million Dollars ($1,000,000) for bodily injury by accident, with a limit of One Million Dollars ($1,000,000) for bodily injury by disease/policy and with a limit of One Million Dollars ($1,000,000) for bodily injury by disease/employee; (iii) Automobile Liability Insurance which shall apply to all owned, non-owned, leased and hired automobiles in an amount with minimum limits of not less than One Million Dollars($1,000,000)combined single limit per occurrence for bodily injury and property damage per accident; and (iv) General Liability Insurance, written on Insurances Services Office form GC 00 01 1204 (or equivalent) covering liability arising out of premises, operations, bodily injury, property damage, products completed and liability insured under and insured contract (sometimes referred to broad form contractual liability). with minimum limits of One Million Dollars ($1,000,000) combined single limit per occurrence, which shall insure the indemnity obligations assumed by Licensee under this Agreement. Except for the Workers' Compensation Insurance, the FPL Entities shall be designated as an additional insured on Licensee and/or Licensee's contractors insurance policies required to be maintained under this Agreement. All policies of insurance required to be maintained by Licensee and Licensee's contractors and subcontractors hereunder shall provide and each of Licensee, and Licensee's contractors and Fcrm 3740GRGW Rev. 07/31/12 Page 3 of 7 i6. 0 6 tol subcontractors, shall cause the insurers of their respective insurance to include, either in its printed text or by endorsement: (i) a severability of interests clause; (ii) an endorsement that Licensee's and Licensee's contractors' and subcontractors' insurance policies are to be primary and non-contributory to any insurance that may be maintained by or on behalf of FPL Entities; and (iii) a waiver of subrogation against FPL Entities. In the event that any policy furnished by Licensee and/or Licensee's contractors and subcontractors provides for coverage on a"claims made" basis, the retroactive date of the policy shall be the same as the effective date of this Agreement, or such other date, as to protect the interest of FPL Entities. Furthermore, for all policies furnished on a "claims made" basis, Licensee's and Licensee's contractors' and subcontractors' providing of such coverage shall survive the termination of this Agreement, until the expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort. If coverage is on "occurrence" basis, Licensee and Licensee's contractors and subcontractors shall maintain such insurance during the entire term of this Agreement. Licensee and Licensee's contractors and subcontractors shall promptly provide evidence of the minimum insurance coverage required under this Agreement in the form of an ACORD certificate or other certificate of insurance acceptable to FPL. Upon FPL's request, Licensee and Licensee's contractors and subcontractors shall provide FPL with complete copies of all required insurance policies under this Agreement. If any of the required insurance is cancelled or non-renewed, Licensee and Licensee's contractors and subcontractors shall file a new Certificate of Insurance or binder with FPL demonstrating to FPL's satisfaction that the required insurance coverages to be maintained hereunder have been extended or replaced. Neither Licensee's nor Licensee's contractors and subcontractors failure to provide evidence of minimum coverage of insurance following FPL's request, nor FPL's decision to not make such request, shall release Licensee and Licensee's contractors and subcontractors from their respective obligations to maintain the minimum coverage provided for in this Section. Licensee shall be responsible for managing and administering all insurance policies required hereunder, including the payment of all deductibles and self-insured retention amounts, the filing of all claims and the taking of all necessary and proper steps to collect any proceeds on behalf of the relevant insured person or entity. Licensee shall at all times keep FPL informed of the filing and progress of any claim. If Licensee shall fail to perform these responsibilities, FPL may take such action as it determines appropriate under the circumstances. In the event Licensee collects proceeds on behalf of other persons or entities, it shall ensure that these are paid directly from the insurers to the relevant person or entity and, in the event that it receives any such proceeds, it shall, unless otherwise directed by FPL, pay such proceed to such party forthwith and prior thereto, hold the same in trust for the recipient. Nothing in this Section shall be deemed to limit Licensee's liability under this Agreement regardless of the insurance coverages required hereunder. No limitation of liability provided to Licensee under this Agreement is intended nor shall run to the benefit of any insurance company or in any way prejudice, alter, diminish, abridge or reduce, in any respect, the amount of proceeds of insurance otherwise payable to FPL Entities under coverage required to be carried by Licensee under this Agreement, it being the intent of the parties that the full amount of insurance coverage bargained for be actually available notwithstanding any limitation of liability contained in the Agreement, if any. FPL assumes no responsibility for the solvency of any insurer or the failure of any insurer to settle any claim. In the event that the Licensee self insures, Licensee shall provide Company with a letter of self-insurance in form and substance satisfactory to Company's Risk Management Department. Licensee's contractors and sub- contractors may not self- insure. This Section shall survive the expiration of this Agreement 14. This Agreement will become effective upon execution by Company and Licensee and will remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless earlier terminated upon ninety( 90 )days written notice by Company to Licensee, or at the option of Form 3740GROW Rev. 07/31/12 Page 4 of 7 (2) 16C6 Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein. 15. The use granted herein as shown on Exhibit "B" shall be under construction by Licensee within one(1)year of the effective date of this Agreement and the construction shall be diligently pursued to completion. Licensee shall give Company ten (10) days prior written notice of its commencement of construction. "Under construction" is the continuous physical activity of placing the foundation or continuation of construction above the foundation of any structure or improvement permitted hereunder. Under construction does not include application for or obtaining a building permit, a site plan approval or zoning approval from the appropriate local government agency having jurisdiction over the activity, purchasing construction materials, placing such construction materials on the site, clearing or grading the site (if permitted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially all construction activity has remained stopped for a period of two (2) months or more. Licensee acknowledges that failure to have the use under construction within the one(I)year time period will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for failing to comply with the provisions contained herein unless Licensor grants a written extension for a mutually agreed upon time. Any request for an extension of time shall be submitted in writing by Licensee no later than thirty (30)days prior to the expiration of the one(1)year period for the project to be under construction. 16. The term "Licensee" shall be construed as embracing such number and gender as the character of the party or parties require(s)and the obligations contained herein shall be absolute and primary and shall be complete and binding as to each, including its successors and assigns, upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise. 17. Should any provision of this Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. In the event of any litigation arising out of enforcement of this Consent Agreement, the prevailing party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees. 18. Licensee may assign its rights and obligations under this Agreement to a solvent party upon prior written consent of the company, which consent shall not be unreasonably withheld. 19. Licensee agrees that any review or approval by Company of the plans and/or specifications submitted by Licensee attached hereto as Exhibit "B", the approval of the identity of any contractors, subcontractors and materialmen, or the delivery by Company of any construction specifications to Licensee, is solely for the purpose of processing this Consent,and without any representation or warranty whatsoever to Licensee with respect to the adequacy, correctness or efficiency thereof or otherwise and it is understood that such Company's approval does not absolve Licensee of any liability hereunder. Further, Licensee, in connection with the construction, maintenance and/or removal of improvements depicted on Exhibit "B" to the Agreement, agrees to observe and fully comply with all construction, operation and maintenance standards, as well as all applicable laws, rules and regulations of the United States, the State of Florida, and all agencies and political subdivisions thereof, including without limitation, the National Electric Safety Code and the Occupational Safety & Health Administration regulations, standards, rules, registers, directives or interpretations. 20. This Agreement includes and is subject to the provisions described on the attached Addendum. Form 3740GROW Rev. 07/31/12 Page 5 of 7 I 6 C 6 NI The parties have executed this Agreement this day of 2013. Witnesses: FLORIDA POWER& LIGHT COMPANY By: Signature: Its: Area Real Estate Manager Print Name: Print Name: Mark L. Byers Signature: Print Name: Approved and accepted for and behalf of Collier County, Florida,this I ay of„cep+. ,2013. (Official Seal) ATTEST: BOARD OF COUNTY COMMISSIONERS c COLLIER COUNTY, F ORIDA DWI. 1-IT.E. BRQCK Clerk BY`_`= � t BY: , y GET GIA A. -ILLER, ESQ., Chairwoman Attest as to Chairman s�° signaturer661y. .; , APPROVED AS TO FORM AND LEGALITY BY: Print: St.i• 1 c2 .A. Ies�L1�£lam=C� Assistant County Attorney corm 37403ROW Rev. 07/31/12 Page 6 of 7 16C6 ADDENDUM • Prior to installation, Licensee must schedule a Safety Six meeting for all construction personnel working on the project. Please contact Scott Brewer at(941)650-9297 to schedule the meeting. Form 3740GROW Rev. C7/31/12 Page 7 of 7 PL 16C 6 1 LEGAL DESCRIPTION: PARCEL ONE: Commence at the Northeast corner '<A Section 3, Township 49 South, Range 25 East, .CoUlier. County, Florida; thence south 89 degrees 28 minutes 30' secdnciswest' 41ong`,the North line of said Section 3, 50.0 feet;,-thence =-s.aU:t-1 --0---decl` ees 28 minutes 30 seconds west, 200:0 feet`',four 'a ,pla�cd `9.t.,/,beginning; thence south 89 degrees 28 minutek 30 se'condk :Rest 41 .48 feet to Florida Power and Light Ea` meri ' 1ini-, thence-=a ant .. paid line south 6 degrees 46 minutes`� 0. seconds west;-, 344.60`-"fleet; thence south 80 degrees 39 minutes`jZ9 ,\seconds east -X.ds,tatce of 559 .61 feet to a point on a curve concave to the northwese;:thence along the arc of said curve 435.68 feet,( said curve ri,v.ing a radius of 2315. 48 feet, a delta of 10 degifeeys; 46__minute_s' 51 seconds and a chord of 435.04 feet bearing north ;,03i d0gree°s--51 minutes 05 seconds east to a point of tangency; therice rrorth 01 degrees 26 minutes 20 seconds west a distance of 3.99 feet to the point of beginning. Said parcel containing 5.0 acres more or less. PARCEL TWO: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 8910132" WEST ALONG THE NORTH LINE OF SAID SECTION 3, A DISTANCE OF 791.36 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 07'08'12" WEST, A DISTANCE OF 301.23 FEET; THENCE RUN SOUTH 89'52'12" WEST, A DISTANCE OF 75.24 FEET; THENCE RUN NORTH 06'37'57" EAST, A DISTANCE OF 31.82 FEET; THENCE RUN NORTH 0717'57" EAST, A DISTANCE OF 269.64 FEET TO AN- M1T.ERSECT]ON WITH SAID NORTH LINE OF SECTION 3; THENCE RUN NORTH.- ,89'.50.32` EAST ,ALONG SAID NORTH LINE, A DISTANCE OF 73.17 FEET:320;'THE SAID POINI'itZ.BEGINNING. CONTAINING 0.51 ACRES' OF'LAND, MORE OR LESS:. EXHIBIT A Page ' of—L__ 1 6 C 6 i n i 8 Y a ft is 3 n � z O N U 3 3 0.. O i s 's z'a"' .a ° N 0 rj 0 8 8 H z P it O ski !w ill ig 11 311 zl pp3 . 1•. 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NOTIFICATION OF FPL FACILITIES CustomerAgency COLLIER COUNTY WATER-SEWER DISTRICT Date of Meeting/Contact: JULY 8,2013 Developer/Contractor Name Public Utilities Engineering-Tom Chmelik,Director Project Number/Name: CARICA WATER PLANT Location of Project 7200 G00DLETTE-FRANK RD. City: NAPLES,FL FPL Representative MARK BYERS,Area Real Estate Manger Phone.941-316-6288 • Developer/Contractor Representative JEREME SHAIDLE(239)252-5379 FPL Work Request ;-*/Work Order#: FPL calls your attention to the fact mat there may be energized,high voltage electric lines,both overhead and underground,located in the area of this project. It is imperative that you visually survey the area and that you also take the necessary steps to identify all overhead and underground facilities prior to commencing construction to determine whether the construction of any proposed improvements will bring any person, fool, machinery, equipment or object closer to FPL's power lines than the OSHA-prescribed limits. It it will, you must either re-design your project to allow it to be built safely given the pre-existing power line location, or make arrangements with FPL to either deenergize and ground our facilities,or relocate them,possibly at your expense.You must do this before allowing any construction near the power lines. It is impossible for FPL to know or predict whether or not the contractors or subcontractors,and their employees,will operate or use cranes, digging apparatus or other mobile equipment or handle materials or tools, in dangerous proximity to such power lines during the course of construction,and,if so,when and where. Therefore,if it becomes necessary for any contractor or subcontractor,or their employees,to operate or handle cranes, digging apparatus, draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might come closer to underground or overhead power lines than is permitted by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such planned operation prior to the commencement thereof and make all necessary arrangements with FPL in order to carry out the work in a safe manner. Any work in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented. The National Electrical Safety Code("NESC")prescribes minimum clearances mat must be maintained. If you build your structure so that those clearances cannot be maintained, you may be required to compensate FPL for the relocation of our facilities to comply with those clearances. As such you should contact FPL prior to commencing construction near pre-existing underground or overhead power lines to make sure that your proposed improvement does not impinge upon the NESC clearances. It is your responsibility and the responsibility of your contractors and subcontractors on this project to diligently fulfill the following obligations: 1. Make absolutely certain that all persons responsible for operating or handling cranes,digging apparatus,draglines,mobile equipment or any equipment,tool,or material capable of contacting a power line,are in compliance with all applicable state and federal regulations,including but not limited to U.S. Department of Labor OSHA Regulations,while performing their work. 2 Make sure that all cranes,digging apparatus,draglines,mobile equipment,and all other equipment or materials capable of contacting a power line have attached to them any warning signs required by U S Department of Labor OSHA Regulations 3. Post and maintain proper warning signs and advise all employees,new and oid alike,of their obligation to keep themselves,',heir tools, materials and equipment away from power lines per the following OSHA minimum approach distances(refer to OSHA regulations for restrictions): `Power Line Voltages Personnel and Equipment Cranes and Derricks "'Equipment,Crane&Derrick Travel under or near Power Lines f""29 CFR 1910 333 and 1926 600) (29 CFR 1926.1407,1408) (29 CFR 1926.600-Equipment) (1925.1411-Cranes and Derricks) 0-750 volts 10 Feet 10 Feet 4 Feet 4=eel 751 -50,000 volts 10 Feet 10 Feet 4 Feet 6 Feet 69,000 volts 11 Feet 15 Feet 10 Feet 10 Feet 115,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 138,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 230,000 volts 16 Feet 20 Feet 10 Feet 10 Feet 500,000 volts 25 Feet 25 Feet 16 Feet 16 Feet When uncertain of the voltage, maintain a distance of 20 feet for voltages up to 350,000 volts and 50 feet for voltages greater than 350,000 volts. "On Construction Sites,with no load "'For personnel approaching insulated secondary conductors ess than 750 volts.avoid contact. 4 All excavators are required to contact the Sunshine State One Call of F lorida, phone number 1 300-432-4770 or 811 a mn,mom of two working days (excluding weekends)in advance of commencement of excavation to ensure facilities are located accurately. 5 Conduct all locations and excavations in accordance with the Florida Statute 556 of the Underground Facilities Damage Prevention& Safely Act and all local city and county ordinances that may apply. 6. When an excavation is to take place within a tolerance zone,an excavator shall use increased caution to protect underground facilities. The protection requires hand digging,pot noting,soft digging, vacuum methods,or similar procedures to identify underground facilites. A copy of this:notification must ce provided by you to each contractor and subcontractor on this project, to be shared with their supervision and employees prior to commencing work on this project. Email c/o Suelimmermanna Colheraov net Means toy which this notification was provided to customer andior contractor Address FPL Represe tative Sig i tuu 4 Date , L.:..._ �_ustomer' _ eloperrContracto-Paoresentatwe Signature ��a!e Torre Rev t 1;:,51.0 Iz X H I B IT C ?age__ ___� of ■ ��� 1 6 c 6 Nu Florida Power&Light Company,P.O. Box 1119,Sarasota,Fl 34230-1119 FPL Telephone: (941)316-6288 Fax: (941)316-6226 Cell Tele: (941)320-8106 Email: Mark_LByers @fpl.com Fed-Ex: 1177_North Lime Ave. Sarasota, FL 34237 September 17, 2013 Sue Zimmerman Collier County Real Property Management Section Facilities Management 3299 Tamiami Trail East Naples, FL 34112 RE: Carica Water Plant—FPL Consent Agreement Dear Sue: Please find an original and fully executed Memorandum of Right of Consent Agreement and Right of Way Consent Agreement. Once the Memorandum is recorded, please forward a copy to me for my files. If you should have any questions or require further assistance, do not hesitate to contact me. As always, it has been a pleasure to work with you. Best Regards, Mark L. Byers Area Real Estate Manager Enclosures 16C 61 This Instrument Prepared By: INSTR 4893820 OR 4968 PG 420 Florida Power&Light Company RECORDED 9/24/2013 8:03 AM PAGES 3 P.O. BOX 14000 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Juno Beach,FL 33408 COLLIER COUNTY FLORIDA Folio No.00238681107 REC$27 00 MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this /i day of September, 2013, by and between BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX- OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing address is 3299 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as "Licensee"), and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department (hereinafter referred to as"Company"). WITNESSETH: WHEREAS, on the 1 day of September, 2013, Company and Licensee entered into a written Right-of-Way Consent Agreement (hereinafter referred to as the "Agreement") related to certain property situated in the County of Collier, State of Florida as more particularly set forth in said Agreement and described in Exhibit "A" attached hereto and made a part hereof and hereinafter referred to as the"Lands",and WHEREAS, the parties are desirous of placing their interest therein as a matter of public record. NOW THEREFORE, in consideration of the mutual covenants herein contained and the parties intending to be legally bound thereby,the parties hereto agree as follows: 1. The property described in Exhibit"A" is subject to a right-of-way in favor of Company recorded in O.R. Book 30, Page 27 of the Public Records of Collier County, Florida. 2. The Agreement provides, among other things, Licensee's right to construct certain improvements upon the Lands including, but not limited to, the purpose of a waste water pipe crossing, subject to certain conditions and restrictions. 3. Licensee may assign its rights and obligations under this Agreement to a solvent party upon written consent of the Company, provided that said party assumes the obligations under the Agreement and specifically acknowledges and agrees that the use of the property and improvements to be placed on the property are strictly limited to those depicted on a certain plan of improvement and are otherwise subject to the terms of the Agreement. �r� 16C 61 IN WITNESS WHEREOF,the parties have executed this Memorandum of Agreement on the date hereinabove written. Witnesses; FLORIDA PO R& LI COMPANY By: v/ Signature: f)�� _ A , Its: Area Real Estate Ma r Print Name:(`•'W c ' A 1 ckk__ Print Name: Mark L. Byers Signature: Print Nama:.l 'x-i■ 4/47,7g;e State of Florida ) )ss: County of ) On this F day of c A Clz_ , 2013, before me, the undersigned Notary Public, personally appeared Mark L. Byers, Area Real Estate Manager of Florida Power & Light Company, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized to do so. In Witness Whereof, I hereunto set my hand and o tc'al se. . (seal) -� NO • RY PUBLIC, STATE OF FLORIDA Print Name: M ►4Z-( kJ()'k&- Commission No.: ._ ' 03o2.L,r My Commission Expire • fill MARIE NOVAK ROSE A 'P% MY COMMISSION I EE 030265 EXPIRES:December 6 2014 AS TO LICENSEE: ; , .• Bonded IbmNaan P A1'1;E 'lsz a j BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY,F ORIDA -DWIGHT E.BRO2K,Clerk Lk BY: ► A Attest as to.Chaimtan's 'Perk GE em IA . HILLER, ESQ.,Chairwoman signatureOnly.' APPROVED AS TO FORM AND LEGALITY BY: Print: Tf �L •A . e E L P Assistant County Attorney Memorandum of Right-of Way Consent Agreement Form Rev.03.09.2012 CAS 16C 6P LEGAL DESCRIPTION: PARCEL ONE: � 0� Y� Commence at th �actheast corner 1) ction 3, Township 49 South, Range 25 Ea t, prier Coun , F r$ a; thence south 89 degrees 28 minute 3' s*=•-•s es - long .th North line of said Section 3, 50.0 f et : n• - ee 28 minutes 30 seconds west, 200 0 ir tr •� - .�-_ • gi ning; thence south 89 degrees 28 min t- 0 - - �• ; -st\ .4 4 feet to Florida Power and Light E t" - " ce- -• aid line south 6 degrees 46 minute i seconds west 34 . Beet; thence south 80 degrees 39 minutes x�,. seconds east d s 4* e of 559.61 feet to a point on a curve co. to the nor thence along the arc of said curve 435.68 F, said cury v ng a radius of 2315.48 feet, a delta of 10 deg e$\ seconds and a chord of 435.04 feet bearing port minutes 05 seconds east to a point of tangency; then - th 01 degrees 26 minutes 20 seconds west a distance of 3.99 feet to the point of beginning. Said parcel containing 5.0 acres more or less. PARCEL TWO: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH. RANGE 25 EAST, COWER COUNTY. FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 8910'32" WEST ALONG THE NORTH LINE OF SAID SECTION 3, A DISTANCE OF 791.36 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 07'08'12" WEST, A DISTANCE OF 301.23 FEET; THENCE RUN SOUTH 89152'12" WEST, A DISTANCE OF 75.24 FEET; THENCE RUN NORTH 06'37'57' EAST, A DISTANCE OF 31.82 FEET; THENCE RUN NORTH 07'37'57" EAST, A DISTANCE OF 269.64 FEET TO A► i33r� ION WITH SAID NORTH LINE OF SECTION 3; THENCE RUN N• ' . '' i:Si►i ; ALONG SAID NORTH LINE, A DISTANCE OF 73.17 FE SAID ' BEGINNING. CONTAINING 0.51 ACRE- OF� NB;-MO LES . EXHIBIT_..__ Page-of __1--- _..) 16C6 Structure No.: 86M4, 86M5 Section,Township, Range: 3-49-25 Easement No.: 2J-1 RIGHT-OF-WAY CONSENT AGREEMENT (Governmental Entity) FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000,Juno Beach, Florida 33408-0420,Attn: Corporate Real Estate Department, hereinafter referred to as "Company", hereby consents to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing address is 3299 Tamiami Trail East, Naples, FL 34112, hereinafter referred to as "Licensee", using an area within Company's right-of-way granted by that certain agreement recorded in Book 30, at Page 27, Public Records of Collier County, Florida. The said area within Company's right-of-way, hereinafter referred to as "Lands", is more particularly described on Exhibit "A" attached hereto. The use of the Lands by Licensee shall be solely for the purpose of a waste water pipe crossing as shown on the plans and specifications submitted by Licensee,attached hereto as Exhibit"B". In consideration for Company's consent and for the other mutual covenants set forth below, and for Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the parties hereto agree as follows: 1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee does not own said Lands; to obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Lands; and at all times, to comply with all requirements of all federal, state,and local laws,ordinances,rules and regulations applicable or pertaining to the use of the Lands by Licensee pursuant to this Agreement. 2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify its employees, agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devices,or improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest, Company from time-to-time may require Licensee, to relocate, alter, or remove its facilities and equipment, including parking spaces and areas, and other improvements made by Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate, alter, or remove said facilities, equipment, parking spaces and areas, and other improvements within thirty (30) days of receiving notice from Company to do so. Such relocation, alteration, or removal will be made at the sole cost and expense of Licensee and at no cost and expense to Company; provided however, should Licensee, for any reason, fail to make such relocation, alteration, or removal , Company retains the right to enter upon the Lands and make said relocation, alteration, or removal of Licensee's facilities, equipment, parking spaces and areas, and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand. Form 3740GROW Rev. 07/31/12 Page 1 of 7 16C 6 ' 3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14)), petroleum products, liquids or flammables shall be placed on, under, transported across or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous condition,then upon notification by Company, Licensee shall, within seventy-two(72)hours,at its sole cost and expense, correct such condition or situation; provided however that the Company retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement. 4. Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen (14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein, shall be made which will result in preventing Company access to its facilities located within said Lands. Unless otherwise provided herein, Licensee agrees to maintain a one hundred and fifty (150) foot wide area, clear of any activities, with a lineal measurement of seventy five (75) feet on each side of the centerline of Company's existing and planned facilities. 5. Licensee understands and agrees that the planting of trees, shrubs, and other foliage capable of exceeding fourteen(14)feet in height at full maturity is not permitted within Company's Lands. 6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade and all poles or standards supporting light fixtures are to be of a non-metallic material. 7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and 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. Form 3740GR0W Rev. 07/31/12 Page 2 of 7 16C6 11. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for all cost and expense involved with such relocation, rearrangement or change. 12. Licensee agrees it will exercise its privileges hereunder at its own sole risk and agrees subject to the limitations contained in Section 768.28, Florida Statutes, if applicable, to indemnify and save harmless Company, its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees (hereinafter referred to as the"FPL Entities"), from all liability, loss, cost, and expense, including attorneys' fees, which may be sustained by FPL Entities to any person, natural or artificial, by reason of the death of or injury to any person or damage to any property, arising out of or in connection with the herein described purposes by Licensee, its contractors, agents, or employees; and Licensee agrees subject to the limitations contained in Section 768.28, Florida Statutes, if applicable, to defend at its sole cost and expense and at no cost and expense to FPL Entities any and all suits or action instituted against FPL Entities, for the imposition of such liability, loss,cost and expense. 13. Licensee shall, and shall cause each of Licensee's contractors and subcontractors performing work in connection with the Project during the period of this Agreement, to procure and maintain at Licensee's and such contractors' and subcontractors' sole expense, the following minimum insurance, with insurers with a rated "A-, VII" or higher by A.M. Best's Key Rating Guide that are licensed to do business in the State of Florida, or as may be approved in writing by COMPANY's Risk Management Department from time to time: (i) Workers' Compensation Insurance for statutory obligations imposed by applicable Florida law, including, where applicable, the United States Longshoremen's and Harbor Workers' Act, the Maritime Coverage and the Jones Act; (ii) Employers' Liability Insurance, including Occupational Disease, shall be provided with a limit of One Million Dollars ($1,000,000) for bodily injury by accident, with a limit of One Million Dollars ($1,000,000) for bodily injury by disease/policy and with a limit of One Million Dollars ($1,000,000) for bodily injury by disease/employee; (iii) Automobile Liability Insurance which shall apply to all owned, non-owned, leased and hired automobiles in an amount with minimum limits of not less than One Million Dollars($1,000,000)combined single limit per occurrence for bodily injury and property damage per accident; and (iv) General Liability Insurance, written on Insurances Services Office form GC 00 01 1204 (or equivalent) covering liability arising out of premises, operations, bodily injury, property damage, products completed and liability insured under and insured contract (sometimes referred to broad form contractual liability), with minimum limits of One Million Dollars ($1,000,000) combined single limit per occurrence, which shall insure the indemnity obligations assumed by Licensee under this Agreement. Except for the Workers' Compensation Insurance, the FPL Entities shall be designated as an additional insured on Licensee and/or Licensee's contractors insurance policies required to be maintained under this Agreement. All policies of insurance required to be maintained by Licensee and Licensee's contractors and subcontractors hereunder shall provide and each of Licensee, and Licensee's contractors and Form 3740GROW Rev. J7/31/12 Page 3 of 7 1 6 C subcontractors, shall cause the insurers of their respective insurance to include, either in its printed text or by endorsement: (i) a severability of interests clause; (ii) an endorsement that Licensee's and Licensee's contractors' and subcontractors' insurance policies are to be primary and non-contributory to any insurance that may be maintained by or on behalf of FPL Entities; and (iii) a waiver of subrogation against FPL Entities. In the event that any policy furnished by Licensee and/or Licensee's contractors and subcontractors provides for coverage on a "claims made" basis, the retroactive date of the policy shall be the same as the effective date of this Agreement, or such other date, as to protect the interest of FPL Entities. Furthermore, for all policies furnished on a "claims made" basis, Licensee's and Licensee's contractors' and subcontractors' providing of such coverage shall survive the termination of this Agreement, until the expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort. If coverage is on "occurrence" basis, Licensee and Licensee's contractors and subcontractors shall maintain such insurance during the entire term of this Agreement. Licensee and Licensee's contractors and subcontractors shall promptly provide evidence of the minimum insurance coverage required under this Agreement in the form of an ACORD certificate or other certificate of insurance acceptable to FPL. Upon FPL's request, Licensee and Licensee's contractors and subcontractors shall provide FPL with complete copies of all required insurance policies under this Agreement. If any of the required insurance is cancelled or non-renewed, Licensee and Licensee's contractors and subcontractors shall file a new Certificate of Insurance or binder with FPL demonstrating to FPL's satisfaction that the required insurance coverages to be maintained hereunder have been extended or replaced. Neither Licensee's nor Licensee's contractors and subcontractors failure to provide evidence of minimum coverage of insurance following FPL's request, nor FPL's decision to not make such request, shall release Licensee and Licensee's contractors and subcontractors from their respective obligations to maintain the minimum coverage provided for in this Section. Licensee shall be responsible for managing and administering all insurance policies required hereunder, including the payment of all deductibles and self-insured retention amounts, the filing of all claims and the taking of all necessary and proper steps to collect any proceeds on behalf of the relevant insured person or entity. Licensee shall at all times keep FPL informed of the filing and progress of any claim. If Licensee shall fail to perform these responsibilities, FPL may take such action as it determines appropriate under the circumstances. In the event Licensee collects proceeds on behalf of other persons or entities, it shall ensure that these are paid directly from the insurers to the relevant person or entity and, in the event that it receives any such proceeds, it shall, unless otherwise directed by FPL, pay such proceed to such party forthwith and prior thereto, hold the same in trust for the recipient. Nothing in this Section shall be deemed to limit Licensee's liability under this Agreement regardless of the insurance coverages required hereunder. No limitation of liability provided to Licensee under this Agreement is intended nor shall run to the benefit of any insurance company or in any way prejudice, alter, diminish, abridge or reduce, in any respect, the amount of proceeds of insurance otherwise payable to FPL Entities under coverage required to be carried by Licensee under this Agreement, it being the intent of the parties that the full amount of insurance coverage bargained for be actually available notwithstanding any limitation of liability contained in the Agreement, if any. FPL assumes no responsibility for the solvency of any insurer or the failure of any insurer to settle any claim. In the event that the Licensee self insures, Licensee shall provide Company with a letter of self-insurance in form and substance satisfactory to Company's Risk Management Department. Licensee's contractors and sub- contractors may not self- insure. This Section shall survive the expiration of this Agreement 14. This Agreement will become effective upon execution by Company and Licensee and will remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless earlier terminated upon ninety( 90)days written notice by Company to Licensee, or at the option of Form 3740GR0W Rev. 07/31/12 Page 4 of 7 CD-1 16C Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein. 15. The use granted herein as shown on Exhibit "B" shall be under construction by Licensee within one(1)year of the effective date of this Agreement and the construction shall be diligently pursued to completion. Licensee shall give Company ten (10) days prior written notice of its commencement of construction. "Under construction" is the continuous physical activity of placing the foundation or continuation of construction above the foundation of any structure or improvement permitted hereunder. Under construction does not include application for or obtaining a building permit, a site plan approval or zoning approval from the appropriate local government agency having jurisdiction over the activity, purchasing construction materials, placing such construction materials on the site,clearing or grading the site (if permitted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially all construction activity has remained stopped for a period of two (2) months or more. Licensee acknowledges that failure to have the use under construction within the one(1)year time period will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for failing to comply with the provisions contained herein unless Licensor grants a written extension for a mutually agreed upon time. Any request for an extension of time shall be submitted in writing by Licensee no later than thirty (30)days prior to the expiration of the one(1)year period for the project to be under construction. 16. The term "Licensee" shall be construed as embracing such number and gender as the character of the party or parties require(s)and the obligations contained herein shall be absolute and primary and shall be complete and binding as to each, including its successors and assigns, upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise. 17. Should any provision of this Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired. In the event of any litigation arising out of enforcement of this Consent Agreement, the prevailing party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees. 18. Licensee may assign its rights and obligations under this Agreement to a solvent party upon prior written consent of the company, which consent shall not be unreasonably withheld. 19. Licensee agrees that any review or approval by Company of the plans and/or specifications submitted by Licensee attached hereto as Exhibit "B", the approval of the identity of any contractors, subcontractors and materialmen, or the delivery by Company of any construction specifications to Licensee, is solely for the purpose of processing this Consent, and without any representation or warranty whatsoever to Licensee with respect to the adequacy, correctness or efficiency thereof or otherwise and it is understood that such Company's approval does not absolve Licensee of any liability hereunder. Further, Licensee, in connection with the construction, maintenance and/or removal of improvements depicted on Exhibit "B" to the Agreement, agrees to observe and fully comply with all construction, operation and maintenance standards, as well as all applicable laws, rules and regulations of the United States, the State of Florida, and all agencies and political subdivisions thereof, including without limitation, the National Electric Safety Code and the Occupational Safety & Health Administration regulations, standards, rules, registers, directives or interpretations. 20. This Agreement includes and is subject to the provisions described on the attached Addendum. Form 3740GROW Rev. 07/31/12 Page 5 of 7 v 166 The parties have executed this Agreement this I7 day of Sf/61ir1p4/C 2013. Witnesses: FLORIDA PO LIG T COMPANY -1(_ By: Signature: '� �` p� ' Its: Area Real Estate Manager Print Name: r O-SC "►A.'-(t=. 1\36x/v\--k._ Print Name: Mark L. Byers Signature: Print Nam ,r4 WyFf�G� Approved and accepted for and behalf of Collier County, Florida,this 1 Day of 1 '}�. ,2013. (Official Seal) ATTEST: BOARD OF COUNTY COMMISSIONERS C. f) " COLLIER COUNTY, F ORIDA DWL 'I-IT.E. BRQCK_Clerk BY !Ii , Salm BY , , • GET GIA A. " ILLER, ESQ., Chairwoman Attest as to Chairman§-, signature7oftty. APPROVED'AS TO FORM AND LEGALITY BY: Print: Sir.) ) 42 A. ■s_L?E: C7 Assistant County Attorney Form 37403ROW Rev. 07/31/12 Page 6 of 7 16C 6 ADDENDUM • Prior to installation, Licensee must schedule a Safety Six meeting for all construction personnel working on the project. Please contact Scott Brewer at(941)650-9297 to schedule the meeting. Form 3743GR0W Rev. G7/31/12 Page 7 of 7 16C 6 LEGAL DESCRIPTION: PARCEL ONE: Commence at the Northeast corner -ot Section 3, Township 49 South, Range 25 Eaet, Col-li ..-er County, F �orida; thence south 89 degrees 28 minutes:` 30 se°c"d"'nds .west along the North line of said Section 3, 50.0 feet; :-,tikenc. so x:ti ,&?--degkee's 28 minutes 30 seconds west, 200 0 feet',ifolr ';a'';pla)cd 'pff,,beginning; thence south 89 degrees 28 minutek 30,fseconds Re`st'i 141;. 48 feet to Florida Power and Light Ea'sefie ' Tine, t1�8nce-=a n j;,, said line south 6 degrees 46 minutes, .o seconds west;,-, 344.66—greet; thence south 80 degrees 39 minutesV24\seconds east east4r4s,646e of 559 .61 feet to a point on a curve conc*ve to the northwest°', thence along the arc of said curve 435.68`feet., said curve,.\hOiTing a radius of 2315. 48 feet, a delta of 10 degrfee*,46..minute 51 seconds and a chord of 435.04 feet bearing north ¢3i ',degrees--5'7 minutes 05 seconds east to a point of tangency; therice- north 01 degrees 26 minutes 20 seconds west a distance of 3 .99 feet to the point of beginning. Said parcel containing 5.0 acres more or less. PARCEL TWO: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 89'50'32" WEST ALONG THE NORTH LINE OF SAID SECTION 3, A DISTANCE OF 791.36 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 07'08'12" WEST, A DISTANCE OF 301.23 FEET; THENCE RUN SOUTH 89'52'12" WEST, A DISTANCE OF 75.24 FEET; THENCE RUN NORTH 06'37'57" EAST, A DISTANCE OF 31.82 FEET; THENCE RUN NORTH 07'37'57" EAST, A DISTANCE OF 269.64 FEET TO AN- INTERSECTION WITH SAID NORTH LINE OF � x SECTION 3; THENCE RUN NORTH; 89750.32; )t.AST :ALONG SAID NORTH LINE, A DISTANCE OF 73.17 FEE : TO::THE SAID F�OINtr QF� BEGINNING. CONTAINING 0.51 ACRE% OF/LAND, MORE OR LESS.. EXHIBIT A Page ' of__I_ _ C.\" 16C 6 4 n i is i n O N U ; 3 W S ry 9 r> § Lit �F K if 13 1 to 1 we gl o _____r___,,„ ,, uh I iv y ! : 16C 6_ - el. FPL. NOTIFICATION OF FPL FACILITIES Customer:Agency COLLIER COUNTY WATER-SEWER DISTRICT Date of Meeting/Contact: JULY 8,2013 Developer!Contractor Name Public Utilities Engineering-Torn Chmelik,Director Project Number/Name: CARICA WATER PLANT Location of Project 7200 GOODLETTE-FRANK RD. City: NAPLES,FL FPL Representative MARK BYERS,Area Real Estate Manger Phone 941-316-6288 • Developer/Contractor Representative JEREME SHAIDLE(239)252-5379 FPL Work Request#/Work Order#: FPL calls your attention to the fact that there may be energized,high voltage electric lines,both overhead and underground,located in the area of this project. It is imperative that you visually survey the area and that you also take the necessary steps to identify all overhead and underground facilities prior to commencing construction to determine whether the construction of any proposed improvements will bring any person, tool, machinery, equipment or object closer to FPL's power lines than the OSHA-prescribed limits. If it will,you must either re-design your project to allow it to be built safely given the pre-existing power line location, or make arrangements with FPL to either deenergize and ground our facilities,or relocate them,possibly at your expense.You must do this before allowing any construction near the power lines. It is impossible for FPL to know or predict whether or not the contractors or subcontractors,and their employees,will operate or use cranes, digging apparatus or other mobile equipment, or handle materials or tools, in dangerous proximity to such power lines during the course of construction,and,if so,when and where. Therefore,if it becomes necessary for any contractor or subcontractor,or their employees,to operate or handle cranes, digging apparatus, draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might come closer to underground or overhead power lines than is permitted by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such planned operation prior to the commencement thereof and make all necessary arrangements with FPL in order to carry out the work in a safe manner. Any work in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented. The National Electrical Safety Code("NESC")prescribes minimum clearances that must be maintained. If you build your structure so that those clearances cannot be maintained, you may be required to compensate FPL for the relocation of our facilities to comply with those clearances. As such,you should contact FPL prior to commencing construction near pre-existing underground or overhead power lines to make sure that your proposed improvement does not impinge upon the NESC clearances. It is your responsibility and the responsibility of your contractors and subcontractors on this project to diligently fulfill the following obligations: 1 Make absolutely certain that all persons responsible for operating or handling cranes,digging apparatus,draglines,mobile equipment or any equipment,tool,or material capable of contacting a power line,are in compliance with all applicable state and federal regulations,including but not limited to U.S. Department of Labor OSHA Regulations,while performing their work. 2. Make sure that all cranes digging apparatus,draglines,mobile equipment,and all other equipment or materials capable of contacting a power line have attached to them any warning signs required by U S.Department of Labor OSHA Regulations. 3. Post and maintain proper warning signs and advise all employees,new and old alike,of their obligation to keep themselves,their tools, materials and equipment away from power lines per the following OSHA minimum approach distances(refer to OSHA regulations for restrictions): `Power Line Voltages Personnel and Equipment Cranes and Derricks "Equipment,Crane&Derrick Travel under or near Power Lines ("'29 CFR 1910 333 and 1926.600) 129 CFR 1926.1407,1408) (29 CFR 1926.600-Equipment) (1926 1411-Cranes and Derricks) 0-750 volts 10 Feet 10 Feet 4 Feet 4 Feet 751 -50,000 volts 10 Feet 10 Feet 4 Feet 6 Feet 69,000 volts 11 Feet 15 Feet 10 Feet 10 Feet 115,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 138,000 volts 13 Feet 15 Feet 10 Feet 10 Feet 230,000 volts 16 Feet 20 Feet 10 Feet 10 Feet 500,000 volts 25 Feet 25 Feet 16 Feet 16 Feet When uncertain of the voltage, maintain a distance of 20 feet for voltages up to 350,000 volts and 50 feet for voltages greater than 350,000 volts. On Construction Sites,with no load •*For personnel approaching insulated secondary conductors Bess than 750 volts,avoid contact. 4. All excavators are required to contact the Sunshine State One Call of Florida. phone number 1-800-432-4j70 or 811 a mimrr cm of two working days (excluding weekends)in advance of commencement of excavation to ensure facilities are located accurately 5 Conduct all locations and excavations in accordance with the Florida Statute 556 of the Underground Facilities Damage Prevention&Safety Act arid all local city and county ordinances that may apply 6. When an excavation is to take place within a tolerance zone,an excavator shall use increased caution to protect underground facilities. The protection requires hand digging,pot holing,soft digging,vacuum methods,or similar procedures to identify underground facilities. A copy of Iris notification must oe provided by you to each contractor and subcontractor on this project,to be shared with their supervision and employees prior to commencing work on this project. Email c/o SueZimmerman(ai}Colliergov.net Means by which this notification was provided to customer and/or contractor Address FPL Representative Sig,tu� Date 71 1. Customer eloper/Contracto-Pecr sentative Signature Dale Firm 377 Rev.+.7r/9'.0 of age