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Resolution 2000-442 16E 9 RESOLUTION NO. 2000 - 442 A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO EXECUTE A REVOCABLE TEMPORARY LICENSE TO FLORIDA POWER & LIGHT COMPANY THAT WILL BENEFIT THE INSTALLATION OF ELECTRIC UTILITY FACILITIES AT THE GOLDEN GATE COMMUNITY CENTER. WHEREAS, Collier County is desirous of providing Florida Power & Light Company with a Revocable Temporary License for the construction, operation and maintenance of electric utility facilities, including but not limited to, distribution lines and other related equipment, under and through the property, but not under any permanent building improvement which is existing or under construction at the time of utility construction, and more particularly described in Exhibit "AU attached hereto; WHEREAS, upon completion of the construction of the electric utility facilities on the property, a permanent Utility Easement wiIJ be granted for the land wherein the utility facilities are located. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The Board of County Commissioners does hereby approve the attached Revocable Temporary License to Florida Power & Light Company; and 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Revocable Temporary License to Florida Power & Light Company; and 3. The Board of County Commissioners does hereby approve and authorize its Chairman to execute a permanent Electric Utility Easement to Florida Power & Light Company for the land wherein the utility facilities are located. AGEHO~ ITEM No. ,L(,,":-cT-~ NOV 2 8 ZOOO Pg. (;;; <. . . , /' -' . , '/(II,.J/ 16E 9 THIS RESOLUTION ADOPTED on this & day of ~20 ('fd, after motion, second and majority vote. AtrTEST: DWiGHT E. BROCK, Clerk Approved as to form and legal sufficiency jjJ f AJ/V1. /'-- Heidi F. ft:shton Assistant County Attomey BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FL RIDA BY: JAMES D. ':'~E'f}t_)ft'? NOV 2 8 ZOOO Pg. lbE 9 EXHIBIT Ft Page I of r Description of a Part of Section 33, Township 49 South, Range 26 East, Collier County, Florida. All that part of Section 33. Township 49 South. Range 26 East, Collier County, Florida and being more particularly described as follows: Commencing at the northwest corner of said Section 33, thence along the north line of above section, North 870 53' 26" East, 110.07 feet to the east Right-ot- Way of Santa Barbara Boulevard and the POINT OF BEGINNING of the parcel herein described: Thence along the north line ot above section North 870 53' 26" East, 2086.03 feet; thence South 00 06' 01" East. 705.13 feet to the northerly Right-of-Way of a 70.0 foot access road; thence along said northerly Right-ot-Way, South 890 58' 55" West, 2084.24 feet to the east Right-ot-Way of Santa Barbara Boulevard; thence along the said east Right-of-Way North 10 13' 03" West, 68.28 teet to an angle point in said east Right-of-Way; thence continuing along said east Right-of-Way North 0000' 59" West, 560.73 feet to the POINT OF BEGINNING; Being a part of Section 33, Township 49 South, Range 26 East, Collier County, Florida ,lGENO;?, ITEM 9' No. p-6- . f NOV 2 8 2000 Pg. ~ 16E 9 Project: Golden Gate Community Center REVOCABLE TEMPORARY LICENSE THIS REVOCABLE TEMPORARY LICENSE entered into this ~ day of ~..,...t,~ 20~, by and between COLLIER COUNTY, a political sub ivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter referred to as "COUNTY", and FLORIDA POWER AND LIGHT COMPANY, its licensees, agents, successors, and assigns, whose mailing address is 4105 15th Avenue SW, Naples, Florida 34116, hereinafter referred as "UTILITY", approving the use of County-owned property for the purpose of constructing electric utility facilities; WHEREAS, the UTILITY requires the use of County-owned property for the purpose of constructing, operating, and maintaining electric utilities, including but not limited to, distribution lines and other related electric equipment, under, and through the property as more particularly described on Exhibit "A" attached hereto and made a part hereof; WHEREAS, the UTILITY shall construct electric utility lines so that easement does not extend under any permanent building improvement which is existing or under construction at the time of utility construction; WHEREAS, the COUNTY is willing to approve the use of County-owned property for such purposes; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The COUNTY herein approves, for TEN DOLLARS ($10.00) and other valuable considerations, the use of the County-owned property for the purpose of constructing, operating, and maintaining electric utilities, including but not limited to, distribution lines and other related electric equipment, under and through the property as more particularly described on Exhibit "Au attached hereto and made a part hereof, hereafter referred to as uPROPERTYu. 2. The approval of the use of the PROPERTY by the UTILITY shall expire upon grant of a permanent Utility Easement. 3. Upon completion of the construction of the electric utility facilities on the property, a permanent Utility Easement will be granted for the land wherein the electric utility facilities are located. Upon the completion of construction, the UTILITY shall restore the surface of the Property to its original condition. 4. This Revocable Temporary License shall be administered on behalf of the COUNTY by and through the Collier County Real Property Management Department. 5. The UTILITY, to the extent permitted by law, and as limited by 9768.28, F.S. shall indemnify, save, protect and hold harmless COUNTY against any damages and claims arising by reason of UTILITY'S utility installation or the operation of same. ~r:'-ilJ--JrI!J- NOV 2 8 ZOOO "g. j' 16E 9 6. UTILITY covenants and agrees not to assign this Revocable Temporary License or to permit any other persons to occupy same without the written consent of COUNTY. 7. The COUNTY and UTILITY specifically agree that this Agreement represents a license for the UTILITY'S use of the property and does not convey any estate in the property or create any interest whatsoever. IN WITNESS WHEREOF, the parties hereto have here made and executed this Revocable Temporary License as of the day and year first above written. < BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA . t- BY ~ , eputy Clerk JAMES D. CARTER, Ph.D., Chairman ~p Attest..s tG CIIIf~'t ~ .~.\ ~"'.'n..,. "...1 v. ATTEST: DWIGHT E. BROCK, Clerk I. \'. , i Approved as to form and lert~;ciei~A~~__ Heidi ~ shton Assistant County Attorney AGl~JIE'" , No', -9 NOV 2 8 2000 Pg. 4 2 16E 9 EXHIBIT ~ Pege I of I Description of a Part of Section 33, Township 49 South, Range 26 East, Collier County, Florida. All that part of Section 33, Township 49 South, Range 26 East, Collier County, Florida and being more particularly described as follows: Commencing at the northwest corner of said Section 33, thence along the north line of above section, North 870 53' 26" East, 110.07 feet to the east Right-of- Way of Santa Barbara Boulevard and the POINT OF BEGINNING of the parcel herein described: Thence along the north line of above section North 870 53' 26" East, 2086.03 feet; thence South 00 06' 01" East, 705.13 feet to the northerly Right-of-Way of a 70.0 foot access road; thence along said northerly Right-of-Way, South 890 58' 55" West, 2084.24 feet to the east Right-of-Way of Santa Barbara Boulevard; thence along the said east Right-of-Way North 10 13' 03" West, 68.28 feet to an angle point in said east Right-of-Way; thence continuing along said east Right-of-Way North 0000' 59" West, 560.73 feet to the POINT OF BEGINNING; Being a part of Section 33, Township 49 South, Range 26 East, Collier County, Florida No. ~~Jr~ ( " NOV L 8 2000 Pg. .<)