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Backup Documents 07/27-28/2010 Item #16C 6ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO n THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUA Q I Print on pink paper. Attach to original document. Original doewnents should be hand delivered to the Board Office. I lie completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I dvough 44 as appropriate for additional sign at ores, dates, and/or information needed. If the document is already complete with the exueDtion or the Chairman's signature, draw a line through tooling lines #I Through #4, complete the checklist, and forward to Sue Filson (line #5). T<oute to Addressees) (List in routing order) O "'ec Initials D 1. _ �. t� 1 , °2 - — Agenda — — Item Number /t I 1p — 2. -- Number _ Documents of Onginal f Attached 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, 4. resolutions, etc. signed by the County Attorney's Office and signature pages from 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the RCC Chairman's signature are to be delivered to the BCC office only aficr the BCC has acted to approve the item.) Name of Primary Staff Contact �� ) Phone Number -7 q Agenda Date Item was Approved by the BCC _ �. t� 1 , °2 - — Agenda — — Item Number /t I 1p — Type of Document Attached _ - '1 t, (e e A Number _ Documents of Onginal f Attached INSTRUCTIONS & C:HECKLIST I . I'onns/ Counly 1 -nuns/ BCC Ironm/ Original Do( unenI, Rn niq, Slip W WS Original 9.03 04, Rcvixd 1 26.(15, Aceucd...24 05, Revised 9.18 09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) _ L __ 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. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements„ etc. that have been fully executed by all parties except the BCC - Chairman and Clerk to the Board and possibly State Officials_) All handwritten strike through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board__ 3. ,ll e Chairman's signature line date has been entered as the date of BCC approval of-the document or the final negotiated contract date whichever is applicable. "Sign here" tabs are placed on the appropriate pages indicatingwhere the Chairman's 4 _ signature and Initials are required, 5_ in most cases (sonic contracts are an exception), the orir coal document and this routing slip should be provided to hin Mithchell in the BCC office within 24 hours of BCC approval- Some documents are time sensitive and require forwarding to Tallahassee within a certain time frarne or the BCC's actions are nullified Be w ire of your deadlines! f he document w as approved by (hc 12CC on 1 2. (cnLcr -(late) and all changes 6. made during the rn eetutg h rve bwa uicorpor a eel iu the attached document 7 be Wiv t 'A, JIM County AttorncV s Office has reviewed the changes, if I )phcable f I . I'onns/ Counly 1 -nuns/ BCC Ironm/ Original Do( unenI, Rn niq, Slip W WS Original 9.03 04, Rcvixd 1 26.(15, Aceucd...24 05, Revised 9.18 09 16C6 MEMORANDUM Date: August 18, 2010 To: Michael Dowling, Property Management Specialist Real Estate Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: License Agreement w /FP &L Attached for your records is a copy of the document referenced above (Agenda Item #16C6) approved by the Board of County Commissioners on Tuesday, July 27, 2010. Please forward for additional signatures and return the fully executed original back to the Minutes & Records Department. If you should have any questions, please contact me at 252 -8411. Thank you. Attachments 16C6 LICENSE AGREEMENT (FPL License Agreement 0004 -WD -1998) THIS LICENSE AGREEMENT, hereinafter also referred to as "License" and /or "Agreement ", is made upon this 21st day of January 2010 by and between FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is 700 Universe Blvd, Juno Beach, Florida 33408, Attn. Corporate Real Estate Department, hereinafter referred to as "Company" and the Collier County Board of Commissioners, a political subdivision of the State of Florida, whose mailing address is 3301 E Tamiami, Trail, Naples, FL 34112 hereinafter referred to as "Licensee ". WITNESSETH WHEREAS, Company is the owner of title in fee simple to property in Collier County, Florida, hereinafter referred to as "Land" and described as follows: Florida Power & Light Transmission right -of -way, one hundred ten (110) feet in width North of Davis Boulevard all being and lying in Section 6, Township 50 South, Range 26 East, Collier County, FL. AND, WHEREAS, Licensee desires to occupy and use the Land as stated herein; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Company hereby grants and Licensee hereby accepts this License to use and occupy the Land upon the following terms: TERMS 1. Use: The Land is to be used by Licensee solely for installation, operation and maintenance of a two 12" pipes for wastewater transmission facilities and one 20" and two 18" reclaimed water mains but for no other purpose. Licensee shall obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Land and provide to Company copies of any permits it obtains for the use of the Land. Licensee shall pay for all utility and other services furnished to or for Licensee on the Land. Licensee's use of the Land shall be consistent with that as described in that previous agreement between Company and Licensee dated September 30"', 1987. 2. Term: This License is for a term of Thirty (30) years, unless earlier terminated as provided herein, beginning upon the 15t day of October 2007, and ending upon the 30th day of September 2037. 3. Rental: Licensee hereby covenants and agrees with Company, that during the initial term of this License, Licensee shall pay to the Company the total amount of Zero Dollars and Zero Cents ($0.00) payable in advance, plus sales tax if applicable, commencing on the first day of the term of this License in installments according to the "Rent Schedule / Payment Amount" below. All payments shall be made to the Company at the following address upon receipt of invoice: FPL General Mail Facility Miami, Florida 33188 -0001 4. Company's Riahts: Licensee hereby acknowledges that Company is the owner of fee simple title to the Land described herein and agrees never to claim any interest or estate of any kind or extent whatsoever in the Land by virtue of this License or the occupancy or use hereunder. Licensee's use of the Land shall always be subordinate to Company's rights in the Land. Company reserves the right to enter upon the Land at any time for its purposes and Licensee shall notify its employees, agents, contractors, invitees, and licensees accordingly. Company and its contractors will not be responsible or liable for any damage or loss to Licensee resulting from Company's use thereof for such purposes. Further, Company may at its discretion install or permit others to install upon the Land other overhead or underground facilities. Form Rev. 4/23/04 16C6 5. Restrictions on Use: Licensee shall not use the Land in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Land or may tend to cause a hazardous condition to exist. Specifically, Licensee shall not cause or permit any waste of the Land, including the removal of soil, addition of fill or altering of existing grade, without the written permission of Company. Licensee shall keep the Land clean and clear so as to prevent it from becoming unsightly and shall not store materials upon the Land. Any work to be performed by Licensee on the Land shall be in accordance with detailed plans and specifications to be prepared by Licensee and submitted to Company for written approval thereof. It is expressly agreed that Licensee shall not commence any such work until said plans and specifications have been so approved by Licensor. It is understood by Licensee that electrical equipment and appurtenances, including overhead and underground wires installed or to be installed on the Land by Company are conductors of high - voltage electricity. Licensee understands that disturbance of any of these facilities may cause a hazardous condition. Licensee will exercise extraordinary precautions so as to prevent damage or injury to property or persons in the vicinity of such facilities. Licensee agrees to notify its employees, agents, contractors, invitees and licensees of the existence of said high - voltage facilities and other installations. 6. Company's Rlaht to Cure: During the term of this License, Company, at its sole discretion, has the right to remove or cause to be removed by it or its contractors, all objects, materials, debris, or structures that create a hazardous condition to Company's facilities or interfere with Company's use of its facilities. All costs expended by Company pursuant to this paragraph will be the sole obligation of Licensee and will be reimbursed to company immediately upon demand. In the event any of Licensee's activities on or use of Company's land result in electrical outages, all costs incurred by Company to restore power are the sole responsibility of Licensee and will be reimbursed to Company immediately upon demand. Any failure by Licensee to comply with its obligations under the terms of this paragraph will result in the immediate cancellation of this License without waiving Company's right to pursue any other remedies for damages. 7. Environmental: 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 (14j), petroleum products, liquids or flammables shall be placed on, under, transported across, or stored on the Land, which restricts, impairs, interferes with, or hinders the use of the Land 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 Land 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. 8. Compliance with Laws: Licensee agrees at its sole cost and expense to comply with all laws, rules, and regulations of any governmental authority having jurisdiction over the Land or use of Land and to employ practices standard in the County in which the Land is located for the purpose for which this License is granted and for the protection of the Land. 9. Termination: Company may terminate this License at any time without cause by giving Licensee at least ninety (90) days written notice of such termination. Company may, at its election, terminate this License forthwith at any time if Licensee fails to comply with or abide by each and all of the provisions hereof or keep all and singular Licensee's promises and agreements herein. This License will terminate automatically upon the death or dissolution of the Licensee. 10. Surrender. Licensee shall deliver the Land in as good a condition as existed prior to the date of commencement hereof and within five (5) business days of such expiration, revocation or termination of this License. Licensee shall remove all fixtures and personal property placed by it on the Land and shall repair and restore and save Company harmless from all damage caused by such removal. If such property is not so removed by Licensee, Company shall have the right to take possession of and appropriate to itself, without any payment or offset thereof, any property of Licensee or anyone claiming under Licensee then remaining on the Land. Company shall have the right to make such removal at Licensee's sole cost and expense, the amount of which Licensee agrees to pay to Company upon demand. Form 3737 Rev. 4/1/2004 16C6 11. Notices: All notices under this License shall be deemed served when deposited in the United States mail, registered or certified mail or prepaid overnight courier and addressed to the parties at the addresses first written above. Either party may, at any time, designate in writing a substitute address for the address first written above, and thereafter notices shall be directed to such substituted address. 12. No Encumbrances: Licensee expressly covenants and agrees that the Land shall not be subject to any encumbrance by any mortgage or lien nor shall the Land be liable to satisfy any indebtedness that may result from Licensee's permitted operation. 11 Indemni . Each party shall be liable for its own actions and negligence and, to the extent permitted by law, Licensee shall indemnify, defend and hold harmless Company against any actions, claims or damages arising out of Licensee's negligence in connection with this Agreement, and shall indemnify, defend and hold harmless Licensee against any actions, claims, or damages arising out of Company's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other parry's negligent, willful or intentional acts or omissions. 14. Insurance: Licensee shall, during the period of this License or any extension thereof, maintain at its sole cost and expense a liability policy with minimum limits of $1,000,000.00 for bodily injury or death of person(s) and $1,000,000.00 for property damage arising out of a single occurrence. Said policy shall be endorsed to insure against obligations assumed by Licensee in the indemnity herein. A Certificate of Insurance naming Florida Power & Light Company as both an "Additional Insured" and as a "Certificate Holder" shall be furnished to Company evidencing that said policy of insurance is in force and will not be cancelled or materially changed so as to affect the interests of FPL Entities until ten (10) days written notice has been furnished to Company. op understands and agrees that the use of the Landsexpresslylcl furnished Company. contingent upone acceptance andcom'pliance with the provisions contained herein. 15. Ingress & Egress: Company makes no warranties or representations concerning the Land or any means of ingress thereto or egress therefrom. Licensee shall not use for ingress and egress the right - of -way adjoining the subject property and Licensee shall not use the patrol and finger roads within the right -of- way for any purpose not herein expressly provided. At Company's structures, a strip of land forty feet (40) wide, twenty feet (20) on each side of the structures, including anchors and appurtenant equipment, shall not be used. 16. No Transfer: Licensee may not, without the prior written consent of Company, transfer, assign, sublet;, enter into any license or concession agreement, or mortgage or hypothecate this License. 17. Holding Over: If Licensee remains in possession of the Land, or any part thereof, after any termination of this License, no tenancy or interest in the Land shall result therefrom, but such holding over shall be an unlawful detainer and all such parties shall be subject to immediate eviction and removal. 18. Time & Entire Agreement: Time is of the essence, and no extension of time shall be deemed granted unless made in writing and executed by both Company and Licensee. This instrument constitutes the entire agreement between the parties relative to the License hereby granted, and any agreement or representation which is not expressly set forth herein and covered hereby is null and void. Any amendment, modification, or supplement to this License must be in writing and executed by both Company and Licensee. Waiver by Company of any breach of any term or provision hereof shall not be deemed a waiver of subsequent breach of the same or any other term or provision hereof. 19. Conflict of Law: Should any provision of this License be determined by a court of competent jurisdiction 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 License, the prevailing parry in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees. Foam 3737 REV. 4/1/2004 16C6 20. Headings: The headings and underscorings contained herein are for convenience purposes only and shall not be used to interpret nor be deemed to extend or limit the specific sections. All terms used herein shall be construed as embracing such number and gender as the character of the party or parties require(s). IN WITNESS WHEREOF, the parties hereto have caused this License to be signed the day and year first above written. Witnesses for Company: COMPANY: FLORIDA POWER & LIGHT COMPANY, a Florida corporation Signature: By: _ Print Name: Name: Its: Signature: _ Print Name: AS TO THE LICENSEE: DATE: 7' °2 r ATTEST: DWIGHT E..$ROC, K CLERK Ry- --- DEPUTTCLERK d t'. LICENSEE: Board of County Commissioners, Collier County, F odda By: w -tk ('1 , co---, '4 Name: Approved as to form K. sufficiency Form 3737 Rev. 4/1/2004 4 16C 6 Memorandum r. D To: Teresa Polaski, Deputy Clerk Minutes and Records D artment From: Michael Dowlin Senior Property Manag m t Specialist Real Property Management Date: November 9, 2011 Subject: License Agreement with FP &L Hi Teresa, Well, I didn't forget you ... after many letters and emails, it took me all this time, from July 2010 to get a copy of the fully executed License Agreement from FPL. Attached please find the fully executed document from the July 27, 2010 BCC meeting, item 16 C 6. Please contact me at extension 8743 with any questions and for document pick -up. Thank you. Michael Attachment as stated 16C6 MEMORANDUM Date: August 18, 2010 To: Michael Dowling, Property Management Specialist Real Estate Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: License Agreement w /FP &L Attached for your records is a copy of the document referenced above (Agenda Item #16C6) approved by the Board of County Commissioners on Tuesday, July 27, 2010. Please forward for additional signatures and return the fully executed original back to the Minutes & Records Department. If you should have any questions, please contact me at 252 -8411. Thank you. Attachments 16C6 LICENSE AGREEMENT (FPL License Agreement 0004 -WD -1998) THIS LICENSE AGREEMENT, hereinafter also referred to as "License" and /or "Agreement ", is made upon this 21st day of January 2010 by and between FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is 700 Universe Blvd, Juno Beach, Florida 33408, Attn. Corporate Real Estate Department, hereinafter referred to as "Company" and the Collier County Board of Commissioners, a political subdivision of the State of Florida, whose mailing address is 3301 E Tamiami, Trail, Naples, FL 34112 hereinafter referred to as "Licensee ". WITNESSETH WHEREAS, Company is the owner of title in fee simple to property in Collier County, Florida, hereinafter referred to as "Land" and described as follows: Florida Power & Light Transmission right -of -way, one hundred ten (110) feet in width North of Davis Boulevard all being and lying in Section 6, Township 50 South, Range 26 East, Collier County, FL. AND, WHEREAS, Licensee desires to occupy and use the Land as stated herein; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Company hereby grants and Licensee hereby accepts this License to use and occupy the Land upon the following terms: TERMS 1. Use: The Land is to be used by Licensee solely for installation, operation and maintenance of a two 12" pipes for wastewater transmission facilities and one 20" and two 16" reclaimed water mains but for no other purpose. Licensee shall obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Land and provide to Company copies of any permits it obtains for the use of the Land. Licensee shall pay for all utility and other services furnished to or for Licensee on the Land. Licensee's use of the Land shall be consistent with that as described in that previous agreement between Company and Licensee dated September 30`", 1987. 2. Term: This License is for a term of Thirty (30) years, unless earlier terminated as provided herein, beginning upon the 151 day of October 2007, and ending upon the 30th day of September 2037. 3. Rental: Licensee hereby covenants and agrees with Company, that during the initial term of this License, Licensee shall pay to the Company the total amount of Zero Dollars and Zero Cents ($0.00) payable in advance, plus sales tax if applicable, commencing on the first day of the term of this License in installments according to the "Rent Schedule / Payment Amount" below. All payments shall be made to the Company at the following address upon receipt of invoice: FPL General Mail Facility Miami, Florida 33188 -0001 4. Company's Rights: Licensee hereby acknowledges that Company is the owner of fee simple title to the Land described herein and agrees never to claim any interest or estate of any kind or extent whatsoever in the Land by virtue of this License or the occupancy or use hereunder. Licensee's use of the Land shall always be subordinate to Company's rights in the Land. Company reserves the right to enter upon the Land at any time for its purposes and Licensee shall notify its employees, agents, contractors, invitees, and licensees accordingly. Company and its contractors will not be responsible or liable for any damage or loss to Licensee resulting from Company's use thereof for such purposes. Further, Company may at its discretion install or permit others to install upon the Land other overhead or underground facilities. Form Rev. 4/23/04 16C6 5. Restrictions on Use: Licensee shall not use the Land in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Land or may tend to cause a hazardous condition to exist. Specifically, Licensee shall not cause or permit any waste of the Land, including the removal of soil, addition of fill or altering of existing grade, without the written permission of Company. Licensee shall keep the Land clean and clear so as to prevent it from becoming unsightly and shall not store materials upon the Land. Any work to be performed by Licensee on the Land shall be in accordance with detailed plans and specifications to be prepared by Licensee and submitted to Company for written approval thereof. It is expressly agreed that Licensee shall not commence any such work until said plans and specifications have been so approved by Licensor. It is understood by Licensee that electrical equipment and appurtenances, Including overhead and underground wires installed or to be installed on the Land by Company are conductors of high - voltage electricity. Licensee understands that disturbance of any of these facilities may cause a hazardous condition. Licensee will exercise extraordinary precautions so as to prevent damage or injury to property or persons in the vicinity of such facilities. Licensee agrees to notify its employees, agents, contractors, invitees and licensees of the existence of said high - voltage facilities and other installations. 6. Company's Rlaht to Cure: During the term of this License, Company, at its sole discretion, has the right to remove or cause to be removed by it or its contractors, all objects, materials, debris, or structures that create a hazardous condition to Company's facilities or interfere with Company's use of its facilities. All costs expended by Company pursuant to this paragraph will be the sole obligation of Licensee and will be reimbursed to company immediately upon demand. In the event any of Licensee's activities on or use of Company's land result in electrical outages, all costs incurred by Company to restore power are the sole responsibility of Licensee and will be reimbursed to Company immediately upon demand. Any failure by Licensee to comply with its obligations under the terms of this paragraph will result in the immediate cancellation of this License without waiving Company's right to pursue any other remedies for damages. 7. Environmental: Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act (" CERCLK) (42 USC Section 9601 [14)), petroleum products, liquids or flammables shall be placed on, under, transported across, or stored on the Land, which restricts, impairs, interferes with, or hinders the use of the Land 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 Land 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. 8. Compliance with Laws: Licensee agrees at its sole cost and expense to comply with all laws, rules, and regulations of any governmental authority having jurisdiction over the Land or use of Land and to employ practices standard in the County in which the Land is located for the purpose for which this License is granted and for the protection of the Land. 9. Termination: Company may terminate this License at any time without cause by giving Licensee at least ninety (90) days written notice of such termination. Company may, at its election, terminate this License forthwith at any time if Licensee fails to comply with or abide by each and all of the provisions hereof or keep all and singular Licensee's promises and agreements herein. This License will terminate automatically upon the death or dissolution of the Licensee. 10. Surrender. Licensee shall deliver the Land in as good a condition as existed prior to the date of commencement hereof and within five (5) business days of such expiration, revocation or termination of this License. Licensee shall remove all fixtures and personal property placed by it on the Land and shall repair and restore and save Company harmless from all damage caused by such removal. If such property is not so removed by Licensee, Company shall have the right to take possession of and appropriate to itself, without any payment or offset thereof, any property of Licensee or anyone claiming under Licensee then remaining on the Land. Company shall have the right to make such removal at Licensee's sole cost and expense, the amount of which Licensee agrees to pay to Company upon demand. Form 3737 Rev. 4/1/2004 2 16C 6 11. Notices: All notices under this License shall be deemed served when deposited in the United States mail, registered or certified mail or prepaid overnight courier and addressed to the parties at the addresses first written above. Either party may, at any time, designate in writing a substitute address for the address first written above, and thereafter notices shall be directed to such substituted address. 12. No Encumbrances: Licensee expressly covenants and agrees that the Land shall not be subject to any encumbrance by any mortgage or lien nor shall the Land be liable to satisfy any indebtedness that may result from Licensee's permitted operation. 13. Indemnity: Each party shall be liable for Its own actions and negligence and, to the extent permitted by law, Licensee shall indemnify, defend and hold harmless Company against any actions, claims or damages arising out of Licensee's negligence in connection with this Agreement, and shall indemnify, defend and hold harmless Licensee against any actions, claims, or damages arising out of Company's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. 14. Insurance: Licensee shall, during the period of this License or any extension thereof, maintain at its sole cost and expense a liability policy with minimum limits of $1,000,000.00 for bodily injury or death of person(s) and $1,000,000.00 for property damage arising out of a single occurrence. Said policy shall be endorsed to insure against obligations assumed by Licensee in the indemnity herein. A Certificate of Insurance naming Florida Power & Light Company as both an "Additional Insured" and as a "Certificate Holder" shall be furnished to Company evidencing that said policy of insurance is in force and will not be cancelled or materially changed so as to affect the interests of FPL Entities until ten (10) days written notice has been furnished to Company. Upon request, copies of policies will be furnished to Company. Licensee understands and agrees that the use of the Land is expressly contingent upon acceptance and compliance with the provisions contained herein. 15. Ingress & Egress: Company makes no warranties or representations concerning the Land or any means of ingress thereto or egress therefrom. Licensee shall not use for ingress and egress the right - of -way adjoining the subject property and Licensee shall not use the patrol and finger roads within the right -of- way for any purpose not herein expressly provided. At Company's structures, a strip of land forty feet (40) wide, twenty feet (20) on each side of the structures, including anchors and appurtenant equipment, shall not be used. 16. No Transfer: Licensee may not, without the prior written consent of Company, transfer, assign, sublet enter into any license or concession agreement, or mortgage or hypothecate this License. 17. Holding Over: If Licensee remains in possession of the Land, or any part thereof, after any termination of this License, no tenancy or interest in the Land shall result therefrom, but such holding over shall be an unlawful detainer and all such parties shall be subject to immediate eviction and removal. 18. Time & Entire Agreement: Time is of the essence, and no extension of time shall be deemed granted unless made in writing and executed by both Company and Licensee. This instrument constitutes the entire agreement between the parties relative to the License hereby granted, and any agreement or representation which is not expressly set forth herein and covered hereby is null and void. Any amendment, modification, or supplement to this License must be in writing and executed by both Company and Licensee. Waiver by Company of any breach of any term or provision hereof shall not be deemed a waiver of subsequent breach of the same or any other term or provision hereof. 19. Conflict of Law: Should any provision of this License be determined by a court of competent jurisdiction illegal or in conflict with any applicable taw, the validity of the remaining provisions shall not be impaired. In the event of any litigation arising out of enforcement of this License, the prevailing party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees. Form 3737 Rev. 4/1/2004 ibC6 20. Headinas: The headings and underscorings contained herein are for convenience purposes only and shall not be used to interpret nor be deemed to extend or limit the specific sections. All terms used herein shall be construed as embracing such number and gender as the character of the party or parties require(s). IN WITNESS WHEREOF, the parties hereto have caused this License to be signed the day and year first above written. Witnesses for Company: Signature: Print Nam( Signature: Print Name AS TO THE LICENSEE: DATE: /. 02 r. ATTEST: DWIGHT E. DROCK,, CLERK Y: EPU- �iCL'ERK' COMPANY - FLORID WER & LIG T C MPANY, a Florid poration Name: Its: J�if �[-a LICENSEE: Board of County Commissioners, Collier Courlty,_F orida / By: 't 0&- Name: Approved all to tors, x it aril ,3ufficlettc.�j ARM,10,11nt 00u Item # 160— �rerca � 'e w A' 9 </ i L Form 3737 Rev. 9/1/2009